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STATE  OP  NORTH  DAKOTA 


GENERAL  SCHOOL  LAWS 


Comprising  all  the  Laws  in  Force  'Pertaining  to  Public 

Schools,  State  Educational  Institutions,  School 

Lands  and  Public  Lands  Appropriated 

to  the  Use  of  the  State  Educational 

Institutions,  with  Appendices 


PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

W.  L.  STOCKWELL,  Superintendent 

JUNE,    1909 


'Published  by  Authority 


BISMARCK,  N.  D. 

TRIBUNE,    PRINTKRS    AND    BINDERS 
1909 


STATE  OP  NORTH  DAKOTA 


GENERAL  SCHOOL  LAWS 


Comprising  all  the  Laws  in  Force  'Pertaining  to  "Public 

Schools,  State  Educational  Institutions,  School 

Lands  and  Public  Lands  Appropriated 

to  the  Use  of  the  State  Educational 

Institutions,  with  Appendices 


PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

W.  L.  STOCKWELL,  Superintendent 

JUNE,    1909 


Tublished  by  Authority 


BISMARCK,  N.  D. 

TRIBUNE,    PRINTERS    AND    BINDERS 
1909 


THIS  VOLUME  IS   STATE  PROPERTY. 


And  is  for  the  use  of    

of    School    District    No 

County  of   .  .  .  State  of  North  Dakota. 


School  officers  on  retiring  from  office  are  required  'by  law  to  de- 
liver this  volume,  with  all  other  books  and  documents  of  an  official 
character,  to  their  successors  in  office. 


247906 


INTRODUCTORY 


This  compilation  of  the  General  School  Laws  is  authorized  by 
section  756  of  the  Revised  Codes  of  1905,  and  is  designated  to  in- 
clude all  provisions  relating  to  education  at  present  in  force  which 
make  the  laws  governing  the  complete  school  system  of  the  state. 
It  embraces  the  laws  pertaining  to  the  public  schools,  the  state  edu- 
cational institutions,  and  the  lands  appropriated  to  the  use  of  the 
public  schools  and  the  state  educational  institutions. 

The  compilation  contains  all  general  laws  in  full  as  appear  in  the 
code,  amended  or  extended  by  the  legislative  assembly  of  1907  and 
1909.  Special  acts  are  referred  to  by  title  only.  j 

Special  laws,  designated  by  title  only,  laws  pertaining  to  specula- 
tion in  office  and  to  penalty  for  failure  to  make  reports,  the  filing  of 
bond  of  school  district  treasurer,  bonds  for  labor  and  material  for 
public  buildings  arid  the  decisions  of  the  supreme  court  of  the  ter- 
ritory of  Dakota  and  of  the  state  of  North  Dakota  pertaining  to 
school  matters  are  to  be  found  in  the  appendices. 

A  calendar  will  also  be  found  in  the  appendices  which  may  be  of 
assistance  to  school  officers  in  the  timely  discharge  of  their  duties. 

W.  L.  STOCKWELL, 
1  Superintendent  of  Public  Instruction. 

Bismarck,  N.  D.,  June  1,  1909. 


CONGRESSIONAL   ENACTMENT 


ORGANIC  LAW 

NARCOTICS 

Section  75.  The  nature  of  alcoholic  drinks  and  narcotics,  and 
special  instruction  as  to  their  effects  upon  the  human  system,  in 
connection  with  the  several  divisions  of  the  subject  of  physiology 
and  hygiene,  shall  tie  included  in  the  branches  of  study  taught  in 
the  common  or  public  schools,  and  in  the  military  and  naval  schools, 
and  shall  be  studied  and  taught  as  thoroughly  and  in  the  same 
manner  as  other  like  required  branches  are  in  said  schools,  by  the 
use  of  text  books  in  the  hands  of  pupils  where  other  branches  are 
thus  studied  in  said  schools,  and  by  all  pupils  in  all  said  schools 
throughout  the  territories  in  the  military  and  naval  academies  of 
the  United  States  and  in  the  District  of  Columbia  and  in  all  In- 
dian and  colored  schools  in  the  territories  of  the  United  States. 

Sec.  76.  It  shall  be  the  duty  of  the  proper  officers  in  control  of 
any  school  described  in  the  foregoing  section  to  enforce  the  pro- 
visions of  this  act ;  and  any  such  officer,  school  director,  committee, 
superintendent  or  teacher  who  shall  refuse  or  neglect  to  comply  with 
the  requirements  of  this  act  or  shall  neglect  or  fail  to  make  proper 
provisions  for  the  instruction  required  and  in  the  manner  specified 
by  the  first  section  of  tnis  act,  for  all  the  pupils  in  each  and  every 
school  under  his  jurisdiction,  shall  be  removed  from  office  and  the 
vacancy  filled  as  in  other  cases. 

Sec.  77.  No  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  the  District  of  Columbia  or  territories,  af- 
ter the  first  day  of  January,  anno  Domini  eighteen  hundred  and 
eighty-eight,  who  has  not  passed  a  satisfactory  examination  in 
physiology  and  hygiene,  writh  special  reference  to  the  nature  and 
effects  of  alcoholic  drinks  and  other  narcotics  upon  the  human 
system. 

Act  of  congress  approved   May  20,   1886.      (See,  also,   sections   774   and 
883,  post.) 

RESERVATION  OF  SCHOOL  LANDS. 

Sec.  88.  Sections  numbered  sixteen  and  thirty-six  in  each 
township  of  the  territories  of  *  *  *  Dakota  *  *  *  'shall 
be  reserved  for  the  purpose  of  being  applied  to  schools  in  the  sev- 
eral territories  herein  named,  and  in  the  states  and  territories  here- 
after to  be  erected  out  of  the  same. 

Section,  1840   R.    S.   U.    S.,   1874,   approved   March   2,    1861.      (See,   also, 
Enabling  Act,  section  10,  post.) 


GENERAL   SCHOOL  LAWS 


ENABLING  ACT. 

(Approved  February  22,  1889.) 

Sec.  4.  (Providing  for  the  Constitutional  Conventions  for 
North  Dakota,  South  Dakota,  Montana  and  Washington.  And 
said  convention  shall  provide  by  ordinances  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  said  states: 

Fourth.  That  provision  shall  be  made  for  the  establishment  and 
maintenance  of  systems  of  public  schools,  which  shall  be  open  to 
all  children  of  said  states,  and  free  from  sectarian  control. 

Sec.  10.  That  upon  the  admission  of  each  of  said  states  into 
the  union,  sections  numbered  sixteen  and  thirty-six  in  every  town- 
ship of  said  proposed  states,  and  where  such  sections  or  any  parts 
thereof  have  been  sold  or  otherwise  disposed  of  by  or  under  the 
authority  of  any  act  of  congress,  other  lands  equivalent  thereto,  in 
legal  subdivisions  of  not  less  than  one-quarter  section  *  are 

hereby  granted  to  said  states  for  the  support  of  common  schools. 

Sec.  11.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  and  at  a  price  not  less  than 
$10  per  acre,  the  proceeds  to  constitute  a  permanent  school  fund, 
the  interest  of  which  only  shall  be  expended  in  the  support  of  said 
schools.  But  said  lands  -may,  under  such  regulations  as  the  legis- 
lature shall  prescribe,  be  leased  for  periods  of  not  more  than  five 
years,  in  quantities  not  exceeding  one  section  to  any  one  person  or 
company,  and  such  lands  shall  not  be  subject  to  pre-emption,  home- 
stead entry,  or  any  other  entry  under  the  land  laws  of  the  United 
States,  whether  surveyed  or  unserveyed,  but  shall  be  reserved  for 
school  purposes  only. 

Sec.  13.  That  five  per  centum  of  the  proceeds  of  the  sales  of 
public  lands  lying  within  said  states  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  said  states  into  the 
union,  after  deducting  all  expenses  incident  to  the  same,  which  shall 
be  paid  to  the  said  states,  to  be  used  as  a  permanent  fund,  the  in- 
terest of  which  only  shall  be  expended  for' the  support  of  common 
-schools  within  said  states,  respectively. 

Sec.  14.  That  the  lands  granted  to  the  territories  of  Dakota  and 
Montana  by  the  act  of  February  18,  1881,  *  *  &  are  hereby 
vested  in  the  states  of  South  Dakota,  North  Dakota  and  Montana 
respectively,  *  *  *  to  the  extent  of  the  full  quantity  of 
seventy-two  sections  to  each  of  said  states.  *  *  *  but  said 
act  of  February  18,  1881,  shall  be  so  amended  as  to  provide  that 
none  of  said  lands  shall  be  sold  for  less  than  $10  per  acre,  and  the 
proceeds  shall  constitute  a  permanent  fund  to  be  safely  invested 
and  held  by  said  states  severally,  and  the  income  thereof  be  used 
exclusively  for  university  purposes.  •*  *  None  of  the  lands 

granted  in  this  section  shall  be  sold  at  less  than  $10  per  acre;  but 


STATE   OF   NORTH   DAKOTA 


said  lands  may  be  leased  in  the  same  manner  as  provided  in  sec- 
tion 11  of  this  act.  The  schools,  colleges  and  universities  provided 
for  in  this  act  shall  forever  remain  under  the  exclusive  control  of 
the  said  states,  respectively,  and  no  part  of  the  proceeds  arising  from 
the  sale  or  disposal  of  any  lands  herein  granted  for  educational  pur- 
poses shall  be  used  for  the  support  of  any  sectarian  or  denomina- 
tional school,  college,  or  university,  i*  *  * 

Sec.  1C).  That  90,000  acres  of  land,  to  be  selected  and  located  as 
provided  in  section  10  of  this  act,  are  hereby  granted  to  each  of  said 
states,  except  to  the  state  of  South  Dakota,  to  which  120,000  acres 
are  granted,  for  the  use  and  support  of  agricultural  colleges  in  said 
states,  as  provided  in  the  acts  of  congress  making  donations  of  lands 
for  such  purpose. 

Sec.  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  -to  new  states  by  the  eighth  section  of  the  act  of 
September  4,  1841,  which  act  is  hereby  repealed  as  to  the  states  pro- 
vided for  by  this  act,  and  in  lieu  of  any  claim  or  demand  by  the  said 
states,  or  either  of  them,  under  the  act  of  September  28,  1850,  and 
section  2479  of  the  revised  statutes,  making  a  grant  of  swamp  and 
overflowed  lands  to  certain  states,  which  grant  it  is  hereby  declared 
is  not  extended  to  the  states  provided  for  in  this  act,  and  in  lieu  of 
any  grant  of  saline  lands  to  said  states,  the  following  grants  of 
lands  are  hereby  made,  to-wit. 

To  the  State  of  South  Dakota:  For  the  school  of  mines,  40,000 
acres ;  for  the  reform  school  40,000  acres ;  for  the  deaf  and  dumb 
asylum,  40,000  acres ;  for  the  agricultural  college,  40,000  acres ;  for 
the  university,  40,000  acres ;  for  the  state  normal  schools,  80,000 
acres ;  for  public  buildings  at  the  capital  of  said  state,  50,000  acres, 
and  for  such  other  educational  and  charitable  purposes  as  the  legisla- 
ture of  said  state  may  determine,  170,000  acres;  in  all  500,000  acres. 

To  the  State  of  North  Dakota  a  like  quantity  of  land  as  in  this 
section  granted  to  the  state  of  South  Dakota  and  to  be  for  like  pur- 
poses, and  in  like  proportion  as  far  as  practicable. 


CONSTITUTIONAL  PROVISIONS 

[Adopted  October  1,  1889] 


PREAMBLE. 

We  the  people  of  North  Dakota,  grateful  to  Almighty  God  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and  establish 
this  Constitution. 

ARTICLE  II. 
THE  LEGISLATIVE  DEPARTMENT. 

Cec.  69.  The  legislative  assembly  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say : 

*  -'£  *  >!=  *  *  *  * 

12.     Providing  for  the  management  of  common  schools. 
ARTICLE  III. 

Sec.  82.  There  shall  be  chosen  by  the  qualified  electors  of  the 
state  at  the  time  and  places  of  choosing  members  of  the  legisla- 
tive assembly  a  *  *  *  superintendent  of  public  instruction 
*  *  *  who  shall  have  attained  the  age  of  twenty-five  years, 
shall  be  a  citizen  of  the  United  States,  and  shall  have  the  quali- 
cations  of  state  electors.  They  shall  severally  hold  their  offices 
at  the  seat  of  government  for  the  term  of  two  years  and  until 
their  successors  are  elected  and  duly  qualified. 

Sec.  83.  The  powers  and  duties  of  the  *  *  *  superin- 
tendent of  public  instruction,  *  *  *  shall  be  as  prescribed  by 
law.  : 

Sec.  84.  Until  otherwise  provided  by  law,  the  *  superin- 

tendent of  public  instruction,  *  *  shall  each  receive  an  annual 
salary  of  $2,000  ;  *  *  but  the  salary  of  any  of  said  officers  shall 
not  be  increased  or  diminished  during  the  period  for  which  they 
shall  have  been  elected,  and  all  fees  and  profits  arising  from  any 
of  the  said  offices  shall  be  covered  into  the  state  treasury. 

ARTICLE  V. 

ELECTIVE    FRANCHISE. 

Sec.  121.  (Amended.)  Every  male  person  of  the  age  of 
twenty-one  years  or  upwards  belonging  to  .either  of  the  following 
classes,  who  shall  have  resided  in  the  state  one  year,  and  in  the 


STATE   OF   NORTH   DAKOTA  11 

county  six  months,  and  in  the  precinct  ninety  days  next  preceding 
any  election,  shall  be  deemed  a  qualified  elector  at  such  election. 

First — Citizens  of  the  United  States. 

•Second — Civilized   persons    of    Indian    descent   who   shall    have 
•  severed  their  tribal  relations  two  years  next  preceding  such  elec- 
tion. 
(See  sec.  480  Revised  Codes,  also  State  i>.  Denoyer,  6  N.  D.  586.) 

Sec.  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal. voting,  be  privileged  from  arrest  on 
the  days  of  election  during  their  attendance  at,  going  to  and  re- 
turning from  such  election,  and  no  eletcor  shall  be  obliged  to  per- 
form military  duty  on  the  day  of  election  except  in  time  of  war 
or  public  danger. 

Sec.  125.  Xo  elector  shall  be  deemed  to  have  lost  his  residence 
in  this  state  by  reason  of  his  absence  on  business  of  the  United 
States  or  of  this  state,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  126.  Xo  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a  resident  of  this  state  in  con- 
sequence of  his  being  stationed  therein. 

Sec.  127.  (Amended.}  Xo  person  who  is  under  guardian- 
ship, non  compos  mentis  or  insane,  shall  be  qualified  to  vote  at  any 
election ;  nor  shall  any  person  convicted  of  treason  or  felony,  un- 
less restored  to  civil  rights ;  and  the  legislature  shall  by  law  estab- 
lish an  educational  test  as  a  qualification,  and  may  prescribing  penal- 
ties for  failing,  neglecting  or  refusing  to  vote  at  any  general  election- 

Sec.  128.  Any  woman  having  the  qualifications  enumerated  in  sec- 
tion 121  of  this  article  as  to  age,  residence  and  citizenship,  and 
including  those  now  qualified  by  the  laws  of  the  territory,  may 
vote  for  all  school  officers,  and  upon  all  questions  pertaining  solely 
to  school  matters,  and  be  eligible  to  any  school  office. 

Sec.  129.  All  elections  by  the  people  shall  be  by  secret  ballot 
subject  to  such  regulations  as  shall  be  provided  by  law. 

ARTICLE  VIII. 

EDUCATION. 

Sec.  147.  A  high  degree  of  intelligence,  patriotism,  integrity 
and  morality  on  the  part  of  evry  voter  in  a  government  by  the 
people  being  necessary  in  order  to  insure  the  continuance  of  that 
government  and  the  prosperity  and  happiness  of  the  people,  the 
legislative  assembly  shall  make  provision  for  the  establishment 
and  maintenance  of  a  system  of  public  schools  which  shall  be 
open  to  all  children  of  the  state  of  Xbrth  Dakota  and  free  from 
sectarian  control.  The  legislative  requirements  shall  be  irrevo- 
cable without  the  consent  of  the  United  States  and  the  people  of 
Xorth  Dakota.  (See  See.  783,  post.) 


12  GENERAL   SCHOOL  LAWS 

Sec.  148.  The  legislative  assembly  shall  provide  at  its  first 
session  after  the  adoption  of  this  Constitution  for  a  uniform  sys- 
tem of  free  public  schools  throughout  the  state ;  beginning  with 
the  primary  and  extending  through  all  grades  up  to  and  including 
the  normal  and  collegiate  course. 

Sec.  149.  In  all  scnools  instruction  shall  be  given  as  far  as 
practicable,  in  those  branches  of  knowledge  that  tend  to  impress 
upon  the  mind  the  vital  importance  of  truthfulness,  temperance, 
purity,  public  spirit,  and  respect  for  honest  labor  of  every  kind. 

Sec.  150.  A  superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and 
compensation  shall  be  fixed  by  law. 

Sec.  151.  The  legislative  assembly  shall  take  such  other  steps 
as  may  be  necessary  to  prevent  illiteracy,  secure  a  reasonable  de- 
gree of  uniformity  in  course  of  study  and  to  promote  industrial, 
scientific  and  agricultural  improvement. 

"Sec.  152.  All  colleges,  universities  and  other  eduactional  in- 
stitutions, for  the  support  of  which  lands  have  been  granted  to 
this  state,  or  which  are  supported  by  a  public  tax,  shall  remain 
under  the  absolute  and  exclusive  control  of  the  state.  No  money 
raised  for  the  support  of  the  public  schools  of  the  state  shall  be 
appropriated  to  or  used  for  the  support  of  any  sectarian  school. 

ARTICLE  IX. 

SCHOOL  AND   PUBLIC  LANDS. 

• 

Sec.  153.  All  proceeds  of  the  public  lands  that  have  heretofore 
been  or  may  hereafter  be  granted  by  the  United  States  for  the  sup- 
port of  the  common  schools  in  this  state ;  all  such  per  centum  as 
may  be  granted  by  the  United  States  on  the  sale  of  public  lands ; 
the  proceeds  of  property  that  shall  fall  to  the  state  by  escheat; 
the  proceeds  of  all  gifts  and  donations  to  the  state  for  common 
schools,  or  not  otherwise  appropriated  by  the  terms  of  the  gift, 
and  all  other  property  otherwise  acquired  for  common  schools, 
shall  be  and  remain  a  perpetual  fund  for  the  maintenance  of  the 
common  schools  of  the  state.  It  shall  be  deemed  a  trust  fund, 
the  principal  of  which  shall  forever  remain  inviolate,  and  may  be 
increased  but  never  diminished.  The  state  shall  make  good  all 
losses  thereof.  (See  sec.  164.) 

Sec.  154.  The  interest  and  income  of  this  fund,  together  with 
the  net  proceeds  of  all  fines  for  violation  of  state  laws,  and  all 
other  sums  which  may  be  added  thereto  by  law  shall  be  faithfully 
used  and  applied  each  year  for  the  benefit  of  the  common  schools 
of  the  state,  and  shall  be  for  this  purpose  apportioned  among  and 
between  all  the  several  common  school  corporations  of  the  state 
in  proportion  to  the  number  of  children  in  each  of  school  age,  as 
may  be  fixed  by  law,  and  no  part  of  the  fund  shall  ever  be  di- 


STATE   OF   NORTH   DAKOTA  13 

verted  even  temporarily  from  this  purpose,  or  used  for  any  other 
purpose  whatever  than  the  maintenance  of  common  schools  for 
the  equal  benefit  of  all  the  people  of  the  state ;  provided,  however, 
that  if  any  portion  of  the  interest  or  income  aforesaid  be  not  ex- 
pended during  the  year,  said  portion  shall  be  added  to  and  become 
a  part  of  the  school  fund. 

Sec.  155.  'After  one  year  from,  the  assembling  of  the  first  leg- 
islative assembly,  the  lands  granted  to  the  state  from  the  United 
States  for  the  support  of  the  common  schools,  may  be  sold  upon 
the  following  conditions,  and  no  other :  No  more  than  one-fourth 
of  all  such  lands  shall  be  sold  within  the  first  five  years  after  the 
same  become  saleable  by  virtue  of  this  section.  '  Nt>  more 
than  one-half  of  the  remainder  within  ten  years  after  the  same  be- 
come saleable  as  aforesaid.  The  residue  may  be  sold  at  any  time 
after  the  expiration  of  said  ten  years.  The  legislative  assembly 
shall  provide  for  the  sale  of  all  school  lands  subject  to  the  pro- 
visions of  this  article.  The  coal  lands  of  the  state  shall  never  be 
sold,  but  the  legislative  assembly  may  by  general  laws  provide  for 
leasing  the  same.  The  words  "coal  lands"  shall  include  lands 
bearing  lignite  coal. 

Sec.  156.  The  superintendent  of  public  instruction,  governor, 
attorney  general,  secretary  of  state  and  state  auditor  shall  con- 
stitute a  board  of  commissioners,  which  shall  be  denominated  the 
"Board  of  University  and  School  Lands,"  and  subject  to  the  pro- 
visions of  this  article  and  any  law  that  may  be  passed  by  the  leg- 
islative assembly,  said  board  shall  have  control  of  the  appraise- 
ment, sale,  rental  and  disposal  of  all  school  and  university  lands, 
and  shall  direct  the  investment  of  the  funds  arising  therefrom  in 
the  hands  of  the  state  treasurer,  under  the  limitations  in  section 
1GO  of  this  article. 

Sec.  157.  The  county  superintendent  of  common  schools,  the 
chairman  of  the  county  board  and  the  county  auditor  shall  con- 
stitute boards  of  appraisal,  and  under  the  authority  of  the  state 
board  of  university  and  school  lands  shall  appraise  all  school  lands 
within  their  respective  counties,  which  they  may  from  time  to  time 
recommend  for  sale,  at  their  actual  value,  under  the  prescribed 
terms,  and  shall  first  select  and  designate  for  sale  the  most  valu- 
able lands. 

Sec.  158.  !No  lands  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The 
purchaser  shall  pay  one-fifth  of  the  price  in  cash,  and  the  remain- 
ing four-fifths  as  follows :  One-fifth  in  five  years,  one-fifth  in  ten 
years,  one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with 
interest  at  the  rate  of  not  less  than  six  per  centum,  payable  an- 
nually in  advance.  All  sales  shall  be  held  at  the  county  seat  for 
the  county  in  which  the  land  to  be  sold  it  situate,  and  shall  be 
at  public  auction,  and  to  the  highest  bidder,  after  sixty  days' 


14  GENERAL   SCHOOL  LAWS 

advertisement  of  the  same  in  a  newspaper  of  general  circulation 
in  the  vicinity  of  the  lands  to  be  sold,  and  one  at  the  seat  of  gov- 
ernment. Such  lands  as  shall  not  have  been  specially  subdivided 
shall  be  offered  in  tracts  of  one-quarter  section,  and  those  so  sub- 
divided in  the  smallest  sub-divisions.  All  lands  designated  for  sale 
and  not  sold  within  two  years  after  appraisal  shall  be  reappraised 
before  they  are  sold.  No  grant  or  patent  for  any  such  lands  shall 
issue  until  payment  is  made  for  the  same;  provided,  that  the  lands 
contracted  to  be  sold  by  the  state  shall  be  subject  to  taxation  from 
the  date  of  such  contract.  In  case  the  taxes  assessed  against  any 
of  said  lands  for  any  year  remain  unpaid  until  the  first  Monday 
in  October  of  the  following  year,  then  and  thereupon  the  contract 
for  sale  of  such  lands  shall  become  null  and  void. 

Sec.  159.  All  lands,  money  or  other  property,  donated,  granted 
or  received  from  the  United  States  or  any  other  source  for  a  uni- 
versity, school  of  mines,  reform  school,  agricultural  college,  deaf 
and  dumb  asylum,  normal  school,  or  other  educational  or  charitable 
institution  or  purpose,  and  the  proceeds  of  all  such  lands  and  other 
property  so  received  from  any  source  shall  be  and  remain  perpetual 
funds,  the  interest  and  income  of  which  together  with  the  rents 
of  all  such  lands  as  may  remain  unsold,  shall  be  invioably  appro- 
priated and  applied  to  the  specific  object  of  the  original  grants  or 
gifts.  The  principal  of  every  such  fund  may  be  increased  but  shall 
never  be  diminished,  and  the  interest  and  income  only  shall  be 
used.  .Every  such  fund  shall  be  deemed  a  trust  fund  held  by  the 
state,  and  the  state  shall  make  good  all  losses  thereof.  (See  Sec. 
164.) 

Sec.  160.  All  lands  mentioned  in  the  preceding  section  shall 
be  appraised  and  sold  in  the  same  manner  and  under  the  same 
limitations  and  subject  to  all  the  conditions  as  to  price  and  sale 
as  provided  above  for  the  appraisal  and  sale  of  lands  for  the  benefit 
of  common  schools ;  but  a  distinct  and  separate  account  shall  be  kept 
by  the  proper  officers  of  each  of  said  funds  ;  provided,  that  the 
limitations  as  to  the  time  in  which  school  lands  may  be  sold  shall 
apply  only  Jto  lands  granted  for  the  support  of  common  schools. 

:Sec.  161.  The  legislative  assembly  shall  have  authority  to  pro- 
vide by  law  for  the  leasing  of  lands  granted  to  the  state  for  edu- 
cational and  charitable  purposes ;  but  no  such  laws  shall  authorize 
the  leasing  of  said  lands  for  a  longer  period  than  five  years.  Said 
lands  shall  only  be  leased  for  pasturage  atid  meadow  purposes  and 
at  a  public  auction  after  notice  as  heretofore  provided  in  case  of 
sale;  provided,  that  all  of  said  school  lands  now  under  cultivation 
may  be  leased  at  the  discretion  and  under  the  control  of  the  board 
of  university  and  school  lands  for  other  than  pasturage  and  meadow 
purposes  until  sold.  All  rents  shall  be  paid  in  advance. 


STATE   OF   NORTH   DAKOTA  15 

Sec.  162.  The  moneys  of  the  permanent  school  fund  and  other 
educational  funds  shall  be  invested  only  in  bonds  of  school  cor- 
porations within  the  state,  bonds  of  the  United  States,  bonds  of 
the  state  of  North  Dakota,  or  in  first  mortgages  on  farm  lands  in  the 
state  not  exceeding  in  amount  one-third  of  the  actual  value  of  any 
subdivision  on  which  the  same  may  be  loaned,  such  value  to  be 
determined  by  the  board  of  appraisers  of  school  lands. 

/See.  163.  No  law  shall  ever  be  passed  by  the  legislative  assem- 
bly granting  to  any  person,  corporation  or  association  any  privileges 
by  reason  of  the  occupation,  cultivation  or  improvement  of  any 
public  lands  by  said  person,  corporation  or  association  subsequent 
to  the  survey  thereof  by  the  general  government.  No  claim  for 
the  occupation,  cultivation  or  improvement  of  any  public  lands 
shall  ever  be  recognized,  nor  shall  such  occupation,  cultivation  or 
improvement  of  any  public  lands  ever  be  used  to  diminish,  either 
directly  or  indirectly,  the  purchase  price  of  said  lands. 

Sec.  164.  The  legislative  assembly  shall  have  authority  to  pro- 
vide by  law  for  the  sale  or  disposal  of  all  public  lands  that  have 
been  heretofore,  or  may  hereafter  be  granted  by  the  United  States 
to  the  state  for  purposes  other  than  set  forth  and  named  in  sec- 
tions 153  and  159  of  this  article.  And  the  legislative  assembly 
in  providing  for  the  appraisement,  sale,  rental  and  disposal  of 
the  same,  shall  not  be  subject  to  the  provisions  or  limitations  of 
this  article. 

Sec.  165.  The  legislative  assembly  shall  pass  suitable  laws  for 
the  safe-keeping,  transfer  and  disbursement  of  the  state  school 
funds,  and  shall  require  all  officers  charged  with  the  same  or  the 
safe-keeping  thereof  to  give  ample  bonds  for  all  moneys  and  funds 
received  by  them,  and  if  any  of  said  officers  shall  convert  to  his  own 
use  in  any  manner  or  form,  or  shall  loan,  with  or  without  interest 
or  shall  deposit  in  his  own  name,  or  otherwise  than  in  the  name  of 
the  state  of  North  Dakota,  or  shall  deposit  in  any  bank  or  with  any 
person  or  persons,  or  exchange  for  other  funds  or  property  and  por- 
tion of  the  school  funds  aforesaid,  or  purposely  allow  any  portion  of 
the  same  to  remain  in  his  own  hands  uninvested  except  in  the- man- 
ner prescribed  by  law,  every  such  act  shall  constitute  an*  embezzle- 
ment of  so  much  of  the  aforesaid  school  funds  as  shall  be  thus  taken 
or  loaned,  or  deposited,  or  exchanged,  or  withheld,  and  shall  be  a 
felony  ;  and  any  failure  to  pay  over,  produce  or  account  for  the 
state  school  funds  or  any  part  of  the  same  entrusted  to  any  such 
officer,  as  by  law  required  or  demanded,  shall  be  held  and  be  taken 
to  be  prima  facie  evidence  of  such  embezzlement. 

ARTICLE  XII.  i 

PUBLIC   DEBT   AND    PUBLIC    WORKS. 

Sec.  183.  (The  debt  of  any  county,  township,  town,  school  dis- 
trict or  any  other  political  subdivision,  shall  never  exceed  five  per 


16  GENERAL   SCHOOL  LAWS 

centum  upon  the  assessed  value  of  the  taxable  property  therein ; 
provided,  that  any  incorporated  city  may  by  a  two-thirds  vote  in- 
crease such  indebtedness  three  per  centum  on  such  assessed  value 
beyond  said  five  per  cent  limit.  In  estimating  the  indebtedness 
which  a  city,  county,  township,  school  district  or  any  other  politi- 
cal subdivision  may  incur,  the  entire  amount  of  existing  indebted- 
ness, whether  contracted  prior  or  subsequent  to  the  adoption  of 
this  constitution  shall  be  included;  *  *  *  All  bonds  or  obli- 
gations in  excess  of  the  amount  of  indebtedness  permitted  by  this 
constitution,  given  by  any  city,  county,  township,  town,  school  dis- 
trict or  other  political  subdivision,  shall  be  void. 

Sec.  184.  Any  city,  county,  township,  town,  school  district,  or 
any  other  political  subdivision  incurring  indebtedness  shall,  at  or 
before  the  time  of  so  doing,  provide  for  the  collection  of  an  an- 
nual tax  sufficient  to  pay  the  interest  and  also  the  principal  thereof 
when  due,  and  all  laws  or  ordinances  providing  for  the  payment 
of  the  interest  or  principal  of  any  debt  shall  be  irrepealable  until 
such  debt  be  paid. 

Sec.  185.  Neither  the  state  nor  any  county,  city,  township,  town, 
school  district  or  any  other  political  subdivision  shall  loan  or  give 
its  credit  or  make  donations  to  or  in  aid  of  any  individual,  asso- 
ciation or  corporation,  except  for  necessary  support  of  the  poor, 
nor  subscribe  to  or  become  the  owner  of  the  capital  stock  of  any 
association  or  corporation. 

Sec.  186.  No  bills,  claims,  accounts 

or  demands  against  the  state,  or  any  county  or  other  political  subdi- 
vision, shall  me  audited,  allowed  or  paid  until  a  full  itemized  state- 
ment in  writing  shall  be  filed  with  the  officer  or  officers  whose  duty 
it  may  be  to  audit  the  same. 

Sec.  187.  *  No  bond  or  evidence  of 

debt  of  any  county,  or  bond  of  any  township  or  other  political  sub- 
division shall  be  valid  unless  the  same  have  endorsed  thereon  a 
certificate  signed  by  the  county  auditor,  or  other  officer  authorized 
by  law  to  sign  such  certificate,  stating  that  said  bond,  or  evidence 
of  debt,  is  issued  pursuant  to  law  and  is  within  the  debt  limit. 

ARTICLE  XIX. 

PUBLIC    INSTITUTIONS. 

Sec.  215.  (Amended.)  The  following  public  institutions  of  the 
state  are  permanently  located  at  the  places  hereinafter  named,  each 
to  have  the  lands  specifically  granted  to  it  by  the  United  States  in 
the  act  of  congress  approved  February  22,  1889,  to  be  disposed  of 
and  used  in  such  manner  as  the  legislative  assembly  may  prescribe, 
subject  to  the  limitations  provided  in  the  article  on  school  and  pub- 
lic lands  contained  in  this  constitution: 

Second.  The  state  university  and  the  school  of  mines  at  the  city 
of  Grand  Forks,  in  the  county  of  Grand  Forks. 


STATE   OF   NORTH   DAKOTA  17 

Third.  The  agricultural  college  at  the  city  of  Fargo,  in  the 
county  of  Cass. 

Fourth.  A  state  normal  school  at  the  city  of  Valley  City,  in  the 
county  of  Barnes ;  and  the  legislative  assembly  in  apportioning  the 
grant  of  80,000  acres  of  land  for  normal  schools  made  in  the  act  of 
congress  referred  to,  shall  grant  to  the  said  normal  school  at  Valley 
City  aforementioned  50,000  acres,  and  said  lands  are  hereby  appro- 
priated to  said  institution  for  that  purpose. 

*Fifth.     The  school  for  the  deaf  and  dumb  of  North  Dakota  at 

the  city  of  Devils  Lake  in  the  county  of  Ramsey. 

*  *  *  *  ;  *  *  * 

Seventh.  A  state  normal  school  at  the  city  of  Mayville  in  the 
county  of  Traill;  and  the  legislative  assembly  in  apportioning  the 
grant  of  land  made  by  congress  in  the  act  aforesaid  for  state  normal 
schools,  shall  assign  30,000  acres  to  the  institution  hereby  located  at 
Mayville,  and  said  lands  are  hereby  appropriated  for  said  pur- 
pose. 

Eighth.  A  state  hospital  for  the  insane  at  the  city  of  Jamestown, 
in  the  county  of  Stutsman.  And  the  legislative  assembly  shall  ap- 
propriate twenty  thousand  acres  of  the  grant  of  lands  made  by  the 
act  of  congress  aforesaid  for  "other  educational  and  charitable  in- 
stitutions," to  the  benfit  and  for  the  endowment  of  said  institution, 
and  there  shall  be  located  at  or  near  the  city  of  Grafton,  in  the 
county  of  Walsh,  an  institution  for  the  feeble  minded,  on  the 
grounds  purchased  by  the  secretary  of  the  interior  for  a  peniten- 
tiary building. 

******* 

Sec.  216.  The  following  named  public  institutions  are  hereby 
permanently  located  as  hereinafter  provided,  each  to  have  so  much 
of  the  remaining  grant  of  170,000  acres  of  land  made  by  the 
United  States  for  "other  educational  and  charitable  institutions," 
as  is  allotted  by  law,  viz. : 

Second.  A  blind  asylum,  or  such  other  institution  as  the  legisla- 
tive assembly  may  determine,  at  such  place  in  the  county  of  Pem- 
bina  as  the  qualified  electors  of  said  county  may  determine  at  an 
election  to  be  held  as  prescribed  by  the  legislative  assembly,  with  a 
grant  of  30,000  acres. 

Third.  An  industrial  school  and  school  for  manual  training,  or 
such  other  educational  or  charitable  institution  as  the  legislative 
assembly  may  provide,  at  the  town  of  Ellendale,  in  the  county  of 
Dickey,  with  a  grant  of  40,000-  acres. 

Fourth.  A  school  of  forestry,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  one  of  the 
counties  of  McHenry,  Ward,  Bottineau  or  Rolette  as  the  electors 
of  said  counties  may  determine  by  an  election  for  that  purpose,  to 
be  held  as  provided  by  the  legislative  assembly. 

—2— 


18  GENERAL   SCHOOL  LAWS 

Fifth.  A  scientific  school,  or  such  other  educational  or  chari- 
table institution  as  the  legislative  assembly  may  prescribe,  at  the 
city  of  Wahpeton,  county  of  Richland,  with  a  grant  of  40,000 
acres ;  provided,  that  no  other  institution  of  a  character  similar  to 
any  one  of  those  located  by  this  article  shall  be  established  or  main- 
tained without  a  revision  of  this  constitution. 


GENERAL  SCHOOL  LAWS 

OF   THE 

STATE  OF  NORTH  DAKOTA 

FROM  THE  REVISED  CODES  OF  1905 
AND  FROM  THE  SESSION  LAWS  OF  1907  AND  1909 


Term     2     years. 


CHAPTER  9,  POLITICAL  CODE. 

ARTICLE   1. — SUPERINTENDENT   OF   PUBLJC   INSTRUC- 
TION. 

Sec.  747.  QUALIFICATIONS  OF,  TERM  OF  Election. 
OFFICE.— There  shall  be  elected  by  the  qualified 
electors  of  the  state  at  the  time  of  choosing  members 
of  the  legislative  assembly,  a  superintendent  of  public 
instruction,  who  shall  have  attained  the  age  of  twenty- 
five  years  and  who  shall  have  the  qualifications  of  an  Quaiificati0ns. 
elector  for  that  office,  an4  be  the  holder  of  a  state 
certificate  of  the  highest  grade,  issued  in  this  state, 
or  a  graduate  of  some  reputable  university,  college  or 
normal  school.  He  shall  hold  his  office  at  the  seat  of 
government  for  the  term  of  two  years  commencing 
on  the  first  Monday  in  January  following  his  election 
and  until  his  successor  is  elected  and  qualified. 

Sec.  748.  TO  PRESERVE  MISCELLANEOUS 
DOCUMENTS.— He  shall  preserve  in  his  office  all 
books,  maps,  charts,  works  on  education,  school  reports 
and  school  laws  of  other  states  and  cities,  plans  for 
school  buildings  and  other  articles  of  educational  in- 
terest and  value  which  may  come  into  his  possession 
as  such  officer,  and  at  the  expiration  of  his  term  he 
shall  deliver  them  together  with  the  reports,  state- 
ments, records  and  archives  of  his  office  to  his  suc- 
cessor. 

Sec.  749.     SUPERVISION  OF  SCHOOLS.— He 
shall   have  the    general    supervision    of    the    public    Powers. 
schools  of  the  state  and  shall  be  ex-officio  member  of 
the  board  of  university  and  school  lands  and  of  the 
normal  school  boards  of  the  state. 

Sec.  750.  TO  FURNISH  SCHOOL  SUPPLIES, 
BLANKS,  ETC.,  AND  TO  ESTABLISH  CIRCU- 
LATING LIBRARIES.— He  shall  prepare,  cause  to  Blanks' 


Records 
served. 


pre- 


20 


GENERAL   SCHOOL  LAWS 


List    of    books. 


Traveling 
libraries. 


Appropriation. 


be  printed  and  furnish  to  the  proper  officers  or  persons 
all  district  clerks'  record  books  and  warrant  books, 
school  treasurers'  record  books,  school  registers,  re- 
ports, statements,  notices  and  returns  needed  or  re- 
quired to  be  used  in  the  schools  or  by  the  school  offi- 
cers of  the  state.  He  shall  prepare  and  furnish  to 
school  officers,  through  the  county  superintendents, 
lists  of  publications  approved  by  him  as  suitable  for 
district  libraries;  such  lists  shall  contain  also  the  low- 
est price  at  which  each  publication  can  be  purchased 
and  such  other  information  relative  to  the  purchase 
of  district  libraries  as  he  may  deem  requisite.  He 
shall  also  select  and  purchase  books  suitable  for  dis- 
tric.t  libraries,  and  cause  the  same  to  be  circulated  as 
traveling  libraries  under  such  rules  and  regulations 
as  he  may  prescribe.  And  for  the  purpose  of  select- 
ing and  purchasing  such  books  there  is  hereby  ap- 
propriated the  sum  of  seven  hundred  and  fifty  dol- 
lars annually,  to  be  paid  by  warrant  of  the  state  audi- 
tor on  the  state  treasurer,  upon  the  presentation,  of 
itemized  bills  in  due  form,  duly  approved  by  the  sup- 
erintendent of  public  instruction.  (See  Sec.  822, 
post.} 

Sec.  751.  EXAMINATIONS  AND  TEACHERS' 
CERTIFICATES.— He  shall  prepare  or  cause  to  be 
prepared  all  questions  to  be  used  in  the  examination  of 
applicants  for  teachers'  certificates,  prescribe  the  rules 
and  regulations  for  conducting  such  examinations 
and  issue  or  revoke  state  certificates  as  provided  in 
this  chapter. 

Sec.  752.  PRESCRIBE  COURSE  OF  STUDY. 
—He  shall  prepare  and  prescribe  a  course  of  study 
for  all  the  public  and  normal  schools  of  the  state  and 
the  course  of  study,  training  and  practice  of  the  pro- 
fessional department  of  schools,  designated  and  sup- 
ported wholly  or  in  part  by  the  state. 

Sec.  753.  RULES  FOR  TEACHERS'  INSTI- 
TUTES.— He  shall  prescribe  rules  and  regulations 
for  the  holding  of  teachers'  institutes  and  teachers' 
training  schools,  and  after  counseling  and  advising 
with  county  superintendent,  shall  appoint  conductors 
therefor.  He  shall  prescribe  the  course  of  instruction 
for  teachers'  institutes  and  for  teachers'  training 
schools,  and  the  course  of  reading  for  the  teachers' 
reading  circle  within  the  state. 


Teachers'     ex- 
amination. 


Revoke    certifi- 
cates. 


Course    of 
study. 


Institute    con- 
ductors. 


Course    of 
study. 


STATE   OF   NORTH   DAKOTA 


21 


Advise    on 
school    laws. 


Decide    ap- 
peals. 


Practice. 


Official    rec- 
ords. 


School    laws 
and  decisions. 


Sec.  754.  ADVISE  COUNTY  SUPERINTEND- 
ENTS*— He  shall  counsel  with  and  advise  county  su- 
perintendents upon  all  matters  involving  the  welfare 
of  schools  and  he  shall,  when  requested,  give  them 
written  answers  to  all  questions  concerning  the  school 
law.  He  shall  decide  all  appeals  from  the  decision 
of  the  county  superintendents,  and  may  for  such  de- 
cisions require  affidavits,  verified  statements  or  sworn 
testimony  as  to  the  facts  in  issue.  He  shall  prescribe 
and  cause  to  be  enforced  rules  of  practice  and  regu- 
lations pertaining  to  the  hearing  and  determination  of 
appeals,  and  necessary  for  carrying  into  effect  the 
school  laws  of  the  state. 

Sec.  755.  RECORD  OF  OFFICIAL  ACTS.— He 
shall  keep  a  complete  record  of  all  his  official  acts 
and  shall  file  in  his  office  all  appeals  and  the  papers 
pertaining  thereto. 

Sec.  756.  SCHOOL  LAWS  TO  BE  PRINTED. 
—He  shall  at  least  once  in  two  years  cause  to  be 
printed  the  school  laws  of  the  state,  with  such  notes 
and  decisions  thereon  as  may  seem  to  him  advisable, 
and  shall  furnish  them  as  they  are  needed  to  the 
school  officers  in  the  state. 

Sec.  757.  CONFERENCE  WITH  COUNTY 
SUPERINTENDENTS.— He  shall  meet  the  county 
superintendents  of  each  judicial  district  or  of  two  or 
more  districts  combined  at  such  time  and  place  as  he 
shall  appoint,  giving  them  due  notice  of  such  meet- 
ing. The  objects  of  such  meeting  shall  be  to  ac- 
cumulate valuable  facts  relative  to  schools,  to  com- 
pare views,  to  discuss  principles,  to  hear  discussions,, 
and  suggestions  relative  to  the  examinations  and  qual- 
ifications of  teachers,  methods  of  instruction,  text 
books,  institutes,  visitation  of  schools  and  other  mat- 
ters relating  to  the  public  schools. 

Sec.  758.  SEAL. — He  shall  provide  and  keep  a 
seal  by  which  all  his  official  acts  may  be  authenti- 
cated. 

Sec.  759.  TO  ASSIST  AT  TEACHERS'  IN- 
STITUTES.— He  shall  when  practicable,  attend  and 
assist  at  teachers'  institutes  and  aid  and  encourage 
generally  teachers  in  qualifying  themselves  for  the 
successful  discharge  of  their  duties ;  he  shall  labor 
faithfully  in  all  practicable  ways  for  the  welfare  of 
the  public  schools  of  the  state,  and  shall  perform 
such  other  duties  as  shall  be  required  of  him  by  law. 


By    judicial 
districts. 


Objects. 


Seal. 


Labor    for    wel- 
fare   of    public 
schools. 


22 


GENERAL   SCHOOL  LAWS 


Sec.  760.  BIENNIAL  REPORT,  WHAT  TO 
CONTAIN.— He  shall,  on  or  before  the  first  day  of 
November  preceding  the  biennial  session  of  the  legis- 
lative assembly,  make  and  transmit  to  the  governor  a 
report  showing 

1.  The  number  of  school  districts,  schools,  teach- 
ers employed  and  pupils  taught  therein  and  the  at- 
tendance of  pupils  and  studies  pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  re- 
ceipts and  expenditures,  value  of  school  houses  and 
property,  cost  of  tuition  and  wages  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the 
"normal    and    higher    institutions    connected 'with    the 

school  system  of  the  state  and  as  far  as  it  can  be  as- 
certained, of  the  private  schools,  academies  and  col- 
leges in  the  state. 

4.  Such  general  matters,  information  and  recom- 
mendations relating  to  the  educational  interests  of  the 
state,  as  he  may  deem  important. 

Sec.  761.  REPORTS  TO  BE  PRINTED.— Two 
thousand  copies  of  the  report  of  the  superintendent  of 
public  instruction  shall  be  printed  biennially  in  the 
month  of  December  preceding  the  session  of  the  legis- 
lative assembly.  One  copy  shall  be  furnished  to  each 
of  the  members  of  the  legislative  assembly,  one  copy  to 
each  county  superintendent  of  the  state,  one  copy  to 
the  president  of  each  school  board,  one  copy  to  each 
state  officer,  one  copy  to  each  state  and  territorial 
superintendent,  and  twenty  copies  shall  be  filed  in 
the  office  of  the  superintendent  of  public  instruction 
and  ten  copies  in  the  state  library.  The  remaining 
copies  shall  be  distributed  among  the  various  colleges, 
universities  and  other  libraries  of  the  United  States. 

Sec.  762.  PUBLICATION  OF  PROCEEDINGS 
OF  EDUCATIONAL  ASSOCIATION.— The  state 
superintendent  of  public  instruction  is  hereby  au- 
thorized and  required  to  publish  annually,  as  public 
matter,  two  thousand  five  hundred  copies  of  the 
proceedings  of  the  North  Dakota  Educational  associ- 
ation, the  same  to  be  distributed  throughout  the  state 
by  the  department  of  public  instruction ;  provided, 
that  a  copy  of  the  proceedings  of  said  association 
shall  be  filed  by  the  secretary  or  other  officer  of  said 
association  with  the  superintendent  of  public  in- 
struction, on  or  before  the  first  day  of  February  of 
each  year. 


Contents: 

Number    of 
schools,     etc. 


Financial. 


Condition    of 
schools. 


General     in- 
formation. 


2000    copies 
printed. 


Distribution. 


Publish     pro- 
ceedings   of 
Educational 
Association. 


Distribution. 


STATE   OF   NORTH    DAKOTA 


23 


Sec.    763.     SALARY,    TRAVELING    EXPENS- 
ES.— He  shall  receive  an  annual  salary  of  two  thous-    Salary, 
and   dollars   and    in   addition   thereto   his   actual   and 
necessary  traveling  expenses  incurred  in  the  discharge 
of    his    official    duties,    not    exceeding   one    thousand 
dollars   in   any   one   year,   such   expenses   to  be   paid    Traveling   ex- 
monthly  on  the  warrant  of  the  state  auditor  upon  his    ] 
filing  with  such  auditor  an  itemized  statement  of  such 
expenses  properly  verified. 

CHAPTER  100,  SESSION  LAWS  OF  1909. 
COURSE  OF  STUDY  FOR  NORMAL  SCHOOLS. 

Sec.  1.     COURSE  OF  STUDY  AUTHORIZED.    Course  of 
— For  the  purpose  of  encouraging  education   in  the    study  for  state 

. L  *?  .  normal    schools. 

rural  communities  of  North  Dakota  and  promoting  a 
knowledge  of  rural  environment  and  life,  the  presi- 
dents of  the  state  normal  schools  with  the  superin- 
tendent of  public  instruction  are  authorized  and  em- 
powered to  provide  and  arrange  a  course  of  study 
for  the  state  normal  schools  of  not  less  than  ten  and 
one-half  months  extent,  for  students  who  have  com- 
pleted the  eighth  grade  in  the  common  and  rural 
schools  of  the  state  or  the  eighth  grade  in  the  cities, 
towns  and  villages,  and  for  such  persons  as  may  have 
previously  been  granted  a  certificate  to  teach  in  this 
state. 

Sec.  2.  NORMAL  SCHOOLS  GRANT  CER-  certificates. 
TIFICATES. — The  said  normal  schools  are  further 
empowered,  upon  the  completion  of  the  course  of 
study  hereby  provided  for  with  standings  in  each  sub- 
ject which  are  approved  by  the  superintendent  of 
public  instruction,  to  grant  a  certificate  of  comple- 
tion which  shall  be  the  equivalent  of  second  grade 
teachers1  certificate  and  shall  be  valid  as  a  certificate 
to  teach  in  any  county  of  the  state  of  North  Dakota. 

Sec.  3.  (BRANCHES  REQUIRED.— The  course 
of  study  herein  provided  for  shall  consist  of  a  pro- 
fessional review  of  the  common  branches  of  study, 
together  with  physiology,  civil  government,  methods 
of  teaching,  practice  and  observation  and  not  less 
than  one  year's  course  in  elementary  agriculture  and 
nature  study.  . 

Sec.    4.     REQUIREMENTS    OF    STUDENT.-     Requirements. 
The  student  admitted  to  this  course  of  study  must  be 
at  the  time  of  entrance  at  least  seventeen  years  of  age, 


24  GENERAL  SCHOOL  LAWS 

submit  evidence  to  the  school  authorities  of  good  mor- 
al character  and  must  be  able  to  pass  if  required,  a 
medical  examination  showing  that  he  has  the  general 
health  required  to  perform  the  work  of  a  teacher. 
He  must  also  possess  the  other  qualifications  required 
under  the  law  for  the  certification  of  teachers. 

Sec.  5.     REPEAL.— All  acts  and  parts  of  acts  in 
conflict  with  this  act  are  hereby  repealed. 

CHAPTER  105,  SESSION  LAWS  OF  1909. 
SCHOOL  LAW  COMPILATION  COMMISSION. 

commission,  Sec.    1.    COMMISSION,   HOW    CONSTITUT- 

-dutie°s?stituted  ED-  DUTIES.— There  shall  be  created  not  later 
than  the  first  day  of  August,  1909,  a  committee  of 
five  persons,  of  whom  the  attorney  general  and  the 
deputy  state1  superintendent  of  public  instruction  shall 
be  members,  and  the  other  three  members  shall  be 
appointed  by  the  governor  from  among  the  best  known 
and  the  best  posted  school  men  of  this  state.  The 
said  committee  shall  meet  and  organize  not  later  than 
September  the  first,  1909,  and  shall  proceed  with  all 
due  care  to  perform  the  duties  contemplated  by  this 
act,  as  hereinafter  provided.  The  committee  shall 
complete  its  work  not  later  than  September  first, 
1910.  The  said,  committee  shall  report  to  the  next 
session  of  the  legislature  any  contradictions,  incon- 
sistences  and  omissions  found  in  the  existing  laws, 
and  shall  draft  and  report  to  that  session  of  the  leg- 
islature such  school  laws  as,  in  its  judgment,  would 
be  of  use  and  benefit  'to  the  state,  for  inforamtion, 
assistance  and  action  of  said  legislature. 

Appropriation  Sec.  2.  APPROPRIATION  FOR  EXPENSES 
for  expenses.  Qp  THE  COMMISSION.— There  is  hereby  appro- 
priated out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated,  a  sum  of  money  sufficient  to 
meet  the  actual  and  necessary  expenses  of  the  com- 
mittee; provided,  however,  that  the  members  of  this 
commission  shall  receive  no  compensation  whatever. 
All  bills  for  expenses  shall  be  paid  only  upon  the 
presentation  of  duly  verified  vouchers,  approved  by 
the  state  board  of 'audit. 

:-Sec.  3.     REPEAL.— All  acts  and  parts  of  acts  in- 
consistent with  this  act  are  hereby  repealed. 


STATE   OF   NORTH   DAKOTA 


25 


ARTICLE  2. — COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

Sec.  764.  ELECTION,  TERM  OF  OFFICE.—  Election- 
There  shall  be  elected  in  each  organized  county,  at 
the  same  time  other  county  officers  are  elected,  a 
county  superintendent  of  schools,  whose  term  of  office 
shall  be  two  years,  commencing  on  the  first  Monday 
in  January  following  his  election,  and  until  his  suc- 
cessor is  elected  and  qualified.  Any  voter  residing 
in  an  independent  school  district,  organized  under  a 
special  act,  having  a  board  of  education  and  city 
superintendent  of  schools,  shall  not  be  qualified  to 
vote  for  county  superintendent  of  schools. 

Sec.  765.  GENERAL  DUTIES.— The  county  su- 
perintendent of  schools  shall  have  the  general  superin- 
tendence of  the  public  schools  in  his  county,  except 
those  in  cities  which  are  organized  under  special  law 
and  those  in  special  or  independent  school  districts, 
shall  visit  each  public  school  under  his  supervision. 
He  shall  at  such  visit  carefully  observe  the  condition 
of  the  school,  the  mental  and  moral  instruction  given, 
the  methods  of  teaching  employed  by  the  teacher,  the 
teacher's  ability  and  the  progress  of  the  pupils.  He 
shall  advise  and  direct  the  teacher  in  regard  to  the 
instruction,  classification,  government  and  discipline 
of  the  school  and  the  course  of  study.  He  shall 
keep  a  record  of  such  visits  and  by  memoranda  in- 
dicate his  judgment  of  the  teacher's  ability  to  teach 
and  govern  and  the  condition  and  progress  of  the 
school,  which  shall  be  open  to  inspection  by  any 
school  director. 

Sec.  767.  GENERAL  DUTIES.— He  shall  carry 
into  effect  all  instructions  of  the  superintendent  of 
public  instruction  given  within  his  authority.  He 
shall  distribute  to  the  proper  officers  and  to  teachers 
all  blanks  furnished  him  by  such  superintendent,  and 
needed  by  such  officers  and  teachers.  Acting  under 
the  instructions  of  the  superintendent  of  public  instruc- 
tion, he  shall,  when  expedient,  convene  the  teachers 
of  his  county  at  least  one  Saturday  in  each  month  dur- 
ing which  the  public  schools  are  in  progress,  or  if  the 
distance  is  too  great  he  may  convene  the  teachers  of 
two  or  more  districts  in  each  of  the  several  portions 
of  his  county  in  county  or  district  institutes,  or  teach- 
ers' circles,  for  normal  instruction  and  the  study  of  Object, 
methods  of  teaching,  organizing,  classifying  and  gov- 
erning schools,  and  for  such  other  instruction  as  may 


Term — 2    years. 


Vote — who    may 
not. 


General  over- 
sight. 


jixception. 


Shall    visit 
schools. 


Advise  teach- 
ers. 


Keep    records. 


General    duties. 


Convene 
teachers. 


26 


GENERAL   SCHOOL  LAWS 


attend. 


be  set  forth  in  the  course  of  reading  prescribed  by 
the  superintendent  of  public  instruction  for  the  state 
teachers'  reading  circle.  Each  teacher  shall  attend 
Teachers  shall,  the  full  session  of  such  institute  or  circle  and  par- 
ticipate in  the  duties  and  exercises  thereof  or  forfeit 
one  day's  wages  for  each  day's  absence  therefrom, 
unless  such  absence  is  occasioned  by  sickness  of  the 
teacher  or  others  to  whom  his  attention  is  due ;  but 
when,  on  account  of  distance  or  otherwise,  it  would 
impose  a  hardship  upon  any  teacher  to  attend,  or 
would  cause  such  teacher  to  neglect  his  school,  the 
county  superintendent  may  excuse  such  teacher  from 
attendance. 

Sec.  768.  RECORD  OF  OFFICIAL  ACTS.— 
He  shall  keep  a  record  of  all  his  official  acts,  and 
shall  preserve  all  books,  maps,  charts  and  apparatus 
sent  him  as  a  school  officer,  or  belonging  to  his  office. 
He  shall  file  all  reports  and  statements  from  teachers 
and  school  boards  and  shall  turn  them  over  to  his  suc- 
cessor in  office.  He  shall  be  provided  with  a  seal  by 
which  his  official  acts  may  be  authenticated. 

Sec.  769.  MEETINGS  WITH  SCHOOL  OFFI- 
CERS.— He  may  arrange  for  meetings  with  school 
officers  at  designated  times  and  places,  due  notice  of 
which  has  been  given,  for  the  purpose  of  inspecting 
the  district  records  and  instructing  in  the  manner  of 
keeping  the  same,  and  of  preparing  the  reports  of  dis- 
trict officers.  He  shall  visit  the  officers  of  the  several 
school  districts  as  often  as  may  be  necessary  to  se- 
cure the  correct  keeping  of  the  records.  He  shall,  on 
or  before  the  first  day  of  April  of  each  year,  prepare 
and  furnish  to  the  several  assessors  of  the  county  a 
correct  sectional  map  of  their  respective  districts, 
showing  the  boundaries  and  names  or  numbers  of  all 
school  districts  therein;  provided,  also,  that  in  coun- 
ties having  the  district  system,  he  may  convene  the 
members  and  clerks  of  the  school  'boards  in  his  coun- 
ty, or  such  representatives  of  the  school  officers  of 
each  district  as  the  president  or  members  of  the  school 
boards  may  appoint,  in  case  he  or  they  cannot  attend 
personally,  for  the  purpose  of  discussing  plans  and 
methods  for  the  improvement  and  general  care  of  the 
schools.;  provided,  further,  that  such  general  meeting 
shall  not  occur  more  than  once  in  each  vear. 


Excused — 
when. 


Keep  official 
records. 


File    reports. 


Seal. 


Instruct    offi- 
cers   in    record 
keeping. 


Furnish     asses- 
sors   with    plats. 


Meet    officers 
to    discuss 
general    wel- 
fare  of   schools. 


STATE   OF   NORTH   DAKOTA 


27 


Sec.  770  TO  DECIDE  QUESTIONS  IN  CON- 
TROVERSY.—He  shall  decide  all  matters  in  contro- 
versy arising  in  his  county  in  the  administration  of  the 
school  law  or  appealed  to  him  from  the  decisions  of 
school  officers  or  boards.  An  appeal  may  be  taken 
from  his  decision  to  the  superintendent  of  public  in- 
struction, in  which  case  a  full  written  statement  of  the 
facts,  together  with  the  testimony  and  his  decision  in 
the  case  shall  be  certified  to  the  superintendent  of  pub- 
lic instruction  for  his  decision  in  the  matter,  which  de- 
cision shall  be  final,  subject  to  adjudication  or  the 
proper  legal  remedies  in  the  courts. 

Sec.  771.  POWER  TO  ADMINISTER  OATHS. 
— He  shall  have  power  to  administer  oaths  of  office  to 
all  subordinate  school  officers,  and  to  witnesses  and  to 
examine  them  under  oath  in  all  controversies  pending 
before  him  arising  in  the  administration  of  the  school 
laws;  but  he  shall  not  receive  pay  for  administering 
such  oaths. 

Sec.  772,  INSTITUTE  FUND,  HOW  RAISED 
AND  USED.— All  funds  received  by  him  for  the  ex- 
amination of  teachers  shall  be  _  turned  over  to  the 
county  treasurer,  who  shall  keep  the  same  as  a  special 
fund  to  be  known  as  the  "Institute  Fund,"  and  which 
shall  be  used  only  for  the  expenses  of  holding  county 
teachers'  institutes,  or  supporting  teachers'  training 
schools,  to  be  paid  out  upon  the  proper  warrants  issued 
by  the  county  auditor  upon  the  sworn  and  itemized 
voucher  of  the  county  superintendent. 


Sec. 


APPORTIONMENT     OF     STATE 


TUITION  FUND.— He  shall  make  apportionment  of 
the  state  tuition  fund  among  the  school  corporations 
of  the  county,  as  provided  in  this  chapter. 

Sec.  774.  '  TEACHER'S  CERTIFICATE  MAY 
BE  REVOKED,  WHEN.— He  shall  see  to  it  that 
the  pupils  are  instructed  in  the  several  branches  of 
study  required  by  law  to  be  taught  in  the  schools, 
as  far  as  they  are  qualified  to  pursue  them.  If  any 
teacher  neglects  or  refuses  to  give  instruction  as 
required  by  law  in  physiology  and  hygiene  and  the 
nature  and  effect  of  alcoholic  drinks  and  other  nar- 
cotics, the  county  superintendent  shall  promptly  re- 
voke such  teacher's  certificate  and  cause  him  to  be 
discharged.  If  the  teacher  so  neglecting  or  refusing 
to  give  instruction  in  said  branches  holds  a  state  cer- 
tificate the  county  superintendent  shall  immediately 


Decides    ques- 
tions   of    school 
law. 


Appeal    to    the 
state    superin- 
tendent— How 
taken. 


May  administer 
oaths  in  school 
matters. 


Institute     fund. 


Use  of. 


Apportion    state 
funds. 


May    revoke 
teachers'    cer- 
tificates— 
when. 


28 


GENERAL   SCHOOL  LAWS 


Annual    report. 


Salary   with- 
held. 


Office   rent, 
postage ,    etc. , 
paid  by  county. 


certify  such  refusal  or  neglect  to  the  state  superin- 
tendent of  public  instruction.  (See  organic  lazu, 
ante.) 

•Sec.  775.  REPORT  TO  STATE  SUPERIN- 
TENDENT.—He  shall,  on  or  before  the  fifteenth  day 
of  September  in  each  year,  make  and  transmit  a  report 
to  the  superintendent  of  public  instruction,  containing 
such  statistics,  items  and  statements  relative  to  the 
schools  of  the  county,  as  may  be  required  by  such  sup- 
erintendent. Such  report  shall  be  made  upon  and  con- 
form to  the  blanks  furnished  by  the  superintendent  of 
public  instruction  for  that  purpose.  He  shall  not  be 
paid  his  salary  for  the  last  quarter  of  his  official  year 
until  he  presents  to  the  county  commissioners  the  re- 
ceipts of  the  superintendent  of  public  instruction  for 
such  annual  report. 

Sec.  776.  OFFICE,  POSTAGE  AND  STATION- 
ERY.— He  may  provide  for  himself  a  suitable  office 
for  the  transaction  of  official  business  when  not  pro- 
vided therewith  by  the  county  commissioners,  and 
such  commissioners  shall  audit  and  pay  his  reasonable 
accounts  for  the  use  and  furniture  of  such  office.  They 
shall  also  furnish  him  with  all  necessary  books,  sta- 
tionery and  postage. 

Sec.  777.  SALARY.  DEPUTIES.  TRAVEL- 
ING EXPENSES.— The  salary  of  the  county  super- 
intendent of  schools  shall  be  as  follows:  In  each 
county  having  one  school  and  not  over  five,  one  hun- 
dred and  fifty  dollars;  six  schools  and  not  over  ten, 
three  hundred  dollars ;  eleven  schools  and  not  over 
fifteen,  four  hundred  dollars ;  sixteen  schools  and  not 
over  twenty,  five  hundred  dollars ;  twenty-one  schools 
and  not  over  twenty-five,  six  hundred  dollars;  twen- 
ty-six schools  and  not  over  thirty,  seven  hundred  dol- 
lars ;  thirty-one  schools  and  not  over  thirty-five,  eight 
hundred  dollars ;  thirty-six  schools  and  not  over  forty, 
nine  hundred  dollars ;  forty-one  schools  and  not  over 
fifty,  one  thousand  dollars ;  and  for  each  additional 
school  ten  dollars  additional ;  provided,  that  in  com- 
puting the  salary  of  such  superintendent  no  school 
shall  be  included  unless  the  same  shall  have  been 
taught  at  least  four  months  during  the  preceding 
school  year;  provided,  further,  that  such  salary  shall 
not  exceed  one  thousand  five  hundred  dollars  m  any 
county  where  the  number  of  schools  does  ndt  exceed 


Salary — how 
determined 


STATE   OF   NORTH   DAKOTA 


29 


Mileage. 


one  hundred  thirty,  and  in  counties  where  the  num- 
ber of  schools  exceeds  one  hundred  thirty,  the  county 
superintendent  shall  tie  allowed,  in  computing  such 
salary,  five  dollars  additional ;  provided,  always,  that 
salary  shall  in  no  case  exceed  two  thousand  dollars. 
In  addition  thereto  he  shall  receive  ten  cents  a  mile 
for  the  distance  actually  and  necessarily  traveled  by 
him  in  the  discharge  of  his  duties.  He  shall  at  the 
end  of  every  three  months  make  and  furnish  to  the 
county  commissioners  an  itemized  statement,  sub- 
scribed and  sworn  to,  of  the  distance  so  traveled  in 
the  discharge  of  his  duties,  which  shall  be  audited 
and  ordered  paid  by  the  board  of  county  commission- 
ers. The  amount  of  his  salary  and  the  appropriation 
for  office  deputy  shall  be  determined  each  year  by  the 
actual  number  of  schools  or  separate  departments  in 
graded  and  high  schools  in  the  county  in  which  school 
has  been  taught  for  at  least  four  months  during  the 
preceding  school  year  and  the  same  shall  be 
paid  out  of  the  county  general  fund,  monthly 
upon  the  warrant  of  the  county  auditor;  pro- 
vided, that  whenever  the  number  of  schools 
in  a  county  is  diminished  by  reason  of  the 


consolidation  of  schools  or  other  provision  for  the  in-.  Deputy 


struction  of  pupils  in  any  district  or  districts  the  same 
number  of  schools  shall  be  counted  for  such  district 
or  districts  in  computing  the  salary  of  the  county 
superintendent  as  existed  before  said  consolidation  or 
other  provision  until  such  time  as  the  number  of  sep- 
arate departments  in  the  general  school  or  schools 
provided  for  the  pupils  of  vacated  schools  shall  equal 
the  number  of  schools  •  originally  vacated.  In  coun- 
ties having  fifty  or  more  schools  the  county  superin- 
tendent may  appoint  an  office  deputy  for  whose  acts 
as  such  he  shall  be  responsible,  which  deputy  shall  be 
entitled  to  a  salary  equal  to  fifty  per  cent  of  the  coun- 
ty superintendent's  salary;  provided,  further,  that  in 
counties  having  one  hundred  fifty  or  more  schools  the 
county  superintendent  shall  be  allowed  one  deputy  for 
each  one  hundred  schools  or  major  fraction  thereof, 
under  the  supervision  of  said  superintendent.  Such 
deputies  shall  be  for  the  purpose  of  assisting  the 
county  superintendent  in  visiting  the  schools  and  in 
the  general  supervision  of  the  educational  work  of  the 
county.  They  shall  possess  the  qualifications  of  the 
county  superintendent  specified  in  section  778  and 


Salary. 


Additional   dep- 
uties. 


30 


GENERAL   SCHOOL  LAWS 


Must  hold 
state    certificate. 


Must  hold 
first  grade 
certificate. 


Not  to   teach. 


shall  each  receive  a  salary  of  two  hundred  dollars  in 
excess  of  that  paid  to  the  office  deputy. 

Sec.  778.  (Amended.)  ;  QUALIFICATIONS 
OF. — No  person  shall  be  deemed  qualified  for  the  of- 
fice of  county  superintendent  in  any  county  where  the 
salary  is  one  thousand  dollars  or  more  per  year,  who 
is  not  a  graduate  of  some  reputable  normal  school  or 
higher  institution  of  learning,  or  does  not  hold  a  state 
certificate  of  the  first  class  or  a  life  professional  cer- 
tificate, and  who  has  not  had  at  least  two  years'  suc- 
cessful experience  in  teaching,  one  year  of  which  shall 
have  been  in  the  state.  <No  person  shall  be  deemed 
qualified  for  the  office  of  county  superintendent  in 
counties  where  the  salary  is  less  than  one  thousand 
dollars  per  year  unless  he  holds  a  certificate  of  the 
highest  county  grade  or  its  equivalent. 

Sec.  779.  SHALL  NOT  ENGAGE  IN  TEACH- 
ING.— No  county  superintendent  of  schools,  except 
as  hereinafter  provided,  shall  engage  in  teaching  dur- 
ing the  term  for  which  he  was  elected,  nor  shall  any 
person  under  contract  to  teach  be  qualified  to  hold  the 
office  of  county  superintendent  of  schools. 

,Sec.  780.  SHALL  NOT  ABSENT  HIMSELF 
FROM  COUNTY.— No  county  superintendent  of 
schools  shall  engage  in  any  profession  or  occupation, 
nor  shall  he  absent  himself  from  the  county  or  district 
for  which  he  is  elected  to  engage  in  any  occupation, 
profession  or  pursuit  during  the  term  for  which  he  is 
elected  for  such  time  and  in  such  manner  as  to  inter- 
fere with  the  proper  discharge  of  his  duties  as  county 
superintendent  of  schools. 

Sec.  781.  SUBJECT  TO  REMOVAL.— Any 
county  superintendent  of  schools  who  neglects  or  vio- 
lates any  of  the  provisions  of  sections  779  and  780 
shall  be  subject  to  removal  from  office. 

Sec.  782.  NOT  APPLICABLE  IN  EVERY 
COUNTY. — None  of  the  provisions  of  sections  779 
and  780  shall  be  applicable  to  counties  in  which  the 
salary  of  county  superintendent  of  schools  is  less  than 
one  thousand  dollars  per  annum. 

ARTICLE  3. — FREE  PUBLIC  SCHOOLS. 

Sec.  783.  The  state  university  and  school  of  mines 
at  Grand  Forks,  the  agricultural  college  at  Fargo,  the 
state  normal  schools  at  Valley  City  and  Mayville,  the 
deaf  and  dumb  asylum  at  Devils  Lake,  the  industrial 


Not  to  have 
other    business 
or  be  absent 
from  county. 


May  be  re- 
moved— when. 


Not  unless  sal- 
ary is  less  than 
$1,000. 


STATE   OF   NORTH   DAKOTA 


31 


School     corpor- 
ations   —    what 


school  and  school  of  manual  training  at  Ellendale,  a  £hooisublic 
scientific  school  at  Wahpeton,  the  school  of  forestry 
at  Bottmeau,  and  all  other  schools  heretofore  estab- 
lished by  law  and  maintained  by  taxation  constitute 
the  system  of  free  public  schools  of  the  state.  '(Sec 
Sec.  147,  Const.) 

ARTICLE  4. — SCHOOL  DISTRICTS. 

Sec.  784,  .  WHAT  CONSTITUTES  A  SCHOOL 
CORPORATION.— Each  civil  township  in  the  state, 
not  organized  for  school  purposes .  under  the  district 
system  at  the  taking  effect  of  this  code,  shall  be  and 
is  hereby  constituted  a  distinct  school  corporation, 
and  whenever  in  any  county  a  civil  township  shall  constitutes. 
hereafter  be  organized  it  shall  from  and  after  such  or- 
ganization be  and  constitute  a  distinct  school  corpora- 
tion, except  as  otherwise  specially  provided  in  this 
chapter.  (Appendic  C. — VI,  2,  a.) 

Sec.  785.  SCHOOL  TOWNSHIP  TO  CON- 
FORM TO  CIVIL  TOWNSHIP  WHEN  POS- 
SIBLE.— Each  school  township  in  every  county  in 
the  state,  which  at  the  taking  effect  of  this  code  con- 
sists of  territory  not  organized  into  a  civil  township, 
shall  be  and  remain  a  distinct  school  corporation ;  pro- 
vided, that  whenever  such  school  township,  or  any  TO  conform  to 
part  thereof,  shall  be  organized  into  or  annexed  to  a 
civil  township,  such  civil  township  shall  thenceforth 
constitute  a  distinct  school  corporation;  but  nothing 
in  this  section  shall  be  construed  to  alter  the  boundary 
lines  of  any  school  township  organized  prior  to  the 
passage  of  this  code,  except  upon  petition  as  herein- 
after provided.  (Appendix  C. — VI,  2,  a.) 

Sec.  78G.  WTHAT  TERRITORY  MAY  BE  OR- 
GANIZED INTO  DISTRICT  SCHOOL  CORPOR- 
ATIONS.— The  county  commissioners  of  each  cotin-  Duty  ?f  county 

,      ..  J   ,         ,  111-  commissioners. 

ty  not  organized  for  school  purposes  under  the  dis- 
trict school  system  at  the  taking  effect  of  this  code, 
shall  organize  into  a  district  school  corporation  any 
territory  not,  at  the  taking  effect  of  this  code,  al- 
ready organized  into  a  civil  township  or  a  school  town- 
township  upon  being  petitioned  so  to  do  by  one-third 
of  the  residents  of  such  territory,  having  the  care  and 
custody  of  any  child  of  school  age ;  provided,  such  ter-  Petition, 
ritory  shall  consist  of  not  less  than  one  congressional 
township,  having  at  least  eight  thousand  dollars  in 
taxable  property  and  at  least  ten  children  of  school 


32 


GENERAL  SCHOOL  LAWS 


County    com- 
missioners   may 
re-arrange    ter- 
ritory— when. 


Boundaries. 


age  residing  therein.  The  county  commissioners  of 
Conditions.  every  such  county,  with  the  advice  and  consent  of 
the  county  superintendent,  may  rearrange  the  bound- 
aries in  any  school  corporation  whose  territory  is  not 
included  within  a  civil  township,  when  petitioned  so 
to  do  by  a  majority  of  the  voters  residing  within  such 
school  corporation,  whose  boundaries  will  be  affected 
thereby,  subject  to  the  same  restrictions  and  condi- 
tions as  to  extent  of  territory,  value  of  taxable  prop- 
erty and  number  of  resident  children  of  school  age 
as  in  the  organization  of  a  school  corporation  from 
territory  not  included  in  a  civil  township.  In  the 
formation  of  school  corporations  and  the  rearrange- 
ment of  their  boundaries  as  provided  for  in  this  sec- 
tion, the  boundary  lines  of  congressional  townships 
shall  be  followed  as  far  as  possible  on  school  corpor- 
ation lines.  (Appendix  C.—VI,  2,  /.) 

Sec.  787.  NEW  SCHOOL  DISTRICTS,  HOW 
FORMED. — In  any  county  hereafter  organized  the 
county  commissioners  shall  so  divide  the  county  or 
the  parts  thereof,  which  include  every  congressional 
township  in  such  county  which  has  residing  therein 
not  less  than  ten  children  of  school  age,  into  school 
corporations  as  will  best  promote  the  permanent  in- 
terests of  public  schools  in  the  county,  upon  the  same 
petition  and  subject  to  the  same  conditions  and  re- 
strictions as  are  contained  in  section  786. 

Sec.  788.  (Amended.)— WHEN  SCHOOL  COR- 
PORATIONS MAY  BE  DIVIDED  AND  AT- 
TACHED TO  OTHER  DISTRICTS.— If  a  portion 
of  any  such  school  corporation  having  not  more  than 
ten  children  of  school  age  residing  therein  is  separated 
from  the  other  portion  of  such  corporation  by  any 
natural  obstacle  which  practically  prevents  such  chil- 
dren from  attending  school  in  such  other  portion,  the 
county  commissioners  of  the  county  may  annex  such 
portion  so  separted  to  an  adjoining  school  corpora- 
tion, and  the  portion  so  annexed  shall  constitute  a 
part  of  such  adjacent  corporation.  If  such  adjacent 
corporation  lies  in  another  county,  the  county  com- 
missioners of  the  two  counties  may  jointly  make  such 
annexation ;  provided,  that  whenever  portions  of  a 
school  corporation  lie  in  different  civil  townships  there 
may  be  created  therefrom  two  or  more  distinct  school 
corporations,  when  in  the  judgment  of  such  commis- 
sioners and  superintendent,  such  change  can  be  made 


New  districts — 
• — on  what  con- 
ditions formed. 


District    divided 
by    natural    ob- 
stacle. 


Territory   in 
two     counties- 
how    divided. 


STATE   OF   NORTH   DAKOTA 


33 


without  detriment  to  the  schools  or  to  the  pupils  there- 
in, and  the  division  can  be  made  by  following  the 
boundary  line  or  lines  of  congressional  townships, 
or  the  meander  lines  of  the  government  survey. 

Sec.  789.  ANNEXATION  OF  SCHOOL  COR- 
PORATIONS.— In  any  county  not  organized  for 
school  purposes  under  the  district  system  at  the  taking 
effect  of  this  code,  if  a  town  or  village  not  organized 
into  a  special  district  is  divided  by  a  civil  township 
line  of  if  such  town  or  village  is  divided  by  any  coun- 
ty line,  the  county  commissioners  of  such  county,  or  Town  or  Vll~ 


lage    divided   by 
county    line — 
procedure. 


Fractional 
township     con- 


the  county  commissioners  of  such  adjacent  counties 
acting  in  joint  session,  as  the  case  may  be,  may  when 
petitioned  so  to  do  by  a  majority  of  the  voters  of  each 
part  of  said  town  or  village,  annex  one  part  of  such 
town  or  village  to  the  adjacent  school  corporation 
which  includes  the  other  part  of  such  town  or  village 
and  the  part  so  annexed  shall  constitute  a  portion  of 
such  adjacent  corporation. 

Sec.  790.  WHEN  CIVIL  TOWNSHIPS  MAY 
CONSOLIDATE  INTO  SCHOOL  DISTRICT.- 
In  any  county  not  organized  for  school  purposes  un- 
der the  district  system  at  the  taking  effect  of  this 
code,  if  a  civil  township,  having  less  than  fifteen  per- 
sons of  school  age  residing  therein,  bv  reason  of  the  soijdated  with 

^     f  *»       ,  j     .          ,  adjacent    dis- 

irregular   course   of   natural   boundary,   contains   less    trict,  when, 
than  twelve  sections  or  square  miles  of  territory,  it 
shall  constitute  a  portion  of  the  adjacent  school  dis- 
trict with  which  it  has  the  longest  common  boundary 
line. 

Sec.  791.     SCHOOL  DISTRICTS,  HOW  NAM- 
ED.— Each  school  corporation  constituted  or  formed 
under  the  provisions  of  this  article,  shall  be  designated    Name  of  school 
a  school  district  as  distinguished  from  a  civil  town-   ^strict, 
ship  or  congressional  township  and  shall  be  named  as 
follows :  Each  school  district  which  consists  of  a  civil 

township  shall  be  named  " school  district 

of County,  state  of  North  Dakota,"  with 

the  name  of  the  civil  township  which  constitutes  the 
districts  inserted  in  the  blank  before  the  word  "school," 
and  the  name  of  the  county  in  which  it  is  situated  in- 
serted before  the  word  "county."  .  Each  school  dis- 
trict which  consists  of  territory  not  organized  into  a 
civil  township,  but  which  has  been  named  by  a  dis- 
tinctive name  shall  have  such  distinctive  name  inserted 
in  the  blank  before  the  word  "school."  Each  school 


GENERAL   SCHOOL  LAWS 


Old    numbers 
retained. 


Re-arrange- 
ment under  this 
code. 


district   consisting  of   territory   not   organized   into   a 
School  district     civil  township  which  has  no  distinctive  name  shall  be 

named   "school   district   No of county, 

state  of  North  Dakota,"  with  its  proper  number  in- 
serted in  the  'blank  after  the  word  "number,"  and  the 
proper  name  of  the  county  inserted  in  the  blank  before 
the  word  "county ;"  provided,  that  in  each  county 
organized  for  school  purposes  under  the  district  sys- 
tem at  the  taking  effect  of  this  code,  the  several  school 
districts  shall  retain  and  be  known  by  the  number 
which  they  have  respectively  at  the  time  of  the  taking 
effect  of  this  code  and  any  school  district  hereafter 
formed  in  any  such  county  shall  be  known  by  the  num- 
ber next  higher  than  that  of  the  highest  pre-existing 
numbered  district. 

Sec.  792.  WHEN  BOUNDARIES  TO  BE  RE- 
ARRANGED AND  ESTABLISHED  AND  HOW. 
—The  county  commissioners  and  county  superintend- 
ent of  schools  in  each  county,  which  at  the  taking 
effect  of  this  code  is  organized  for  school  purposes  un- 
der the  district  system,  shall  meet  on  the  first  Monday 
in  May,  A.  D.  1896,  at  the  place  where  the  meetings 
of  such  commissioners  are  usually  held  and  shall  rear- 
range and  establish  the  boundaries  of  the  several 
school  districts  of  the  county  unless  the  same  has  al- 
ready been  done,  as  follows : 

1.  Each   civil   township   in   a   county,   no   part   of 
which  is  included  in  a  school  district  already  organ- 
ized, shall  be  formed  into  a  single  school  district. 

2.  Each  congressional  township  in  the  county,  no 
part  of  which  is  included  in  a  civil  township  nor  in  an 
organized  school  district,  if  it  contains  twelve  or  more 
persons  of  school  age,  shall  be  formed  into  a  single 
school  district. 

3.  All  territory  in  a  county  situated  in  civil  town- 
ship, part  of  which  'is  organized  into  a  school  district, 
or  situated  in  a  congressional  township  not  included 
in  a  civil  township,  and  a  portion  of  which  is  organized 
into  a  school  district  shall  be  annexed  to  and  form 
part  of  the  organized  school  district  lying  wholly  or 
in  part  in  such  civil  or  congressional  township. 

-1.  Each  school  district  now  organized  which  has 
less  than  ten  persons  of  school  age  residing  therein 
shall  be  annexed  to  and  form  a  part  of  such  adjacent 
school  district  as  shall  be  most  convenient  for  such 
persons  of  school  age  when  in  the  judgment  of  such 


Civil    township 
a    single    dis- 
trict. 


Congressional 
township, 


Partly    organ- 
ized territory. 


Districts   to   be 
consolidated    — 
when. 


STATE   OF   NORTH   DAKOTA 


35 


Future 

lees    in 


commissioners  and  superintendent  such  annexation  can 
be  made  without  detriment  to  the  school  or  to  the 
pupils  residing  in  such  district. 

5.  The  boundary  lines  of  each  school  district  which 
lies  partly  within  two  or  more  civil  townships  shall 
be  so  changed  that  such  school  district  shall  lie  wholly 
within  one  civil  township,  so  far  as  in  the  judgment    when- 
of  such  commissioners  and  superintendent  such  change 

can  be  made  without  detriment  to  the  schools  or  to 
the  pupils  therein. 

6.  Such    commissioners    and    superintendent    shall 
make  such  changes  generally  in  the  boundary  lines  of 
the  school  districts  of  the  county,  not  in  their  judg- 
ment detrimental  to  the  interests  of  the  schools  of  the    General 
county  as  will  reduce  the  number  of  school  districts 

in  the  county,  and  form  school  districts  not  extending 
beyond  the  boundaries  of  the  civil  township.  (Sec 
Sec.  786.} 

Sec.  793.  (Amended.}  BOUNDARIES,  HOW 
CHANGED  IN  FUTURE.— After  the  boundary  lines 
of  the  several  school  districts  of  any  of  the  counties 
of  this  state  are  re-arranged  and  established  as  pro- 
vided  for  in  the  last  preceding  section  of  this  arti-  boundaries, 
cle,  such  boundary  may  be  changed  or  re-arranged 
by  the  county  commissioners  and  the  superintendent 
of  schools  at  any  regular  session,  and  if  a  town  or  * 
village,  not  organized  into  a  special  district  and  con- 
taining twelve  or  more  persons  of  school  age  is  divid- 
ed by  the  line  of  a  civil  or  congressional  township 
or  is  partly  in  two  or  more  districts,  such  town  or 
village  with  adjacent  territory  in  both  or  all  of  the 
districts  in  which  it  is  situated  not  exceeding  ten 
square  miles  in  extent  and  not  at  any  point  more  than 
three  miles  distant  from  said  town  or  village  may  be 
formed  into  a  new  and  separate  district,  if  in  the 
judgment  of  the  commissioners  and  superintendent 
such  a  change  or  the  formation  of  such  new  district  New  district 
is  for  the  best  interests  of  the  schools.  Any  change  formed' 
or  re-arrangement  of  boundaries  may  be  made  or 
new  district  formed  as  hereinbefore  provided  for 
upon  petition  signed  by  one-third  of  the  voters  resid- 
ing in  each  district  whose  boundaries  will  be  affected 
by  such  change  or  re-arrangement  and  by  three- 
fourths  of  the  voters  resident  in  the  parts  of  districts 
to  be  included  in  any  new  district  formed  under  the 
provisions  of  this  section ;  provided,  that  each  con- 


36 


GENERAL   SCHOOL  LAWS 


District   may 
sue;    be    sued; 
contract;   hold 
property. 


Plats   of    school 
districts ,     coun- 
ty  auditor 
shall   furnish. 


gressional  township  not  wholly  or  in  part  included  in 
a  civil  township,  and  no  part  of  which  is  organized 
for  school  purposes,  shall  be  formed  into  a  school  dis- 
trict as  soon  as  it  shall  have  residing  therein  twelve 
or  more  children  of  school  age.  (See  Appendix  C. 
—VI,  2,  a;  also  Appendix  D.—Notc  8.) 

.Sec.  794.  RIGHTS  AND  POWERS  OF 
SCHOOL  CORPORATIONS.— Each  school  dis- 
trict constituted  and  formed  as  provided  in  this  article 
shall  be  a  distinct  corporation,  and  under  its  proper 
name  or  number  as  such  corporation,  may  sue  and  be 
sued,  contract  and  be  contracted  with,  and  may  ac- 
quire, purchase,  hold  and  use  personal  or  real  prop- 
erty for  school  purposes  or  for  the  purposes  men- 
tioned in  this  chapter  and  sell  and  dispose  of  the  same. 

Sec.  795.  PLATS  OF  SCHOOL  DISTRICTS 
TO  BE  FURNISHED  BY  COUNTY  AUDITOR. 
— The  county  auditor  shall  within  thirty  days  after 
the  first  school  election  held  as  provided  herein,  trans- 
mit to  the  state  auditor,  to  the  superintendent  of  pub- 
lic instruction  and  to  the  county  superintendent,  a  plat 
of  the  county,  showing  the  boundaries  and  name  of 
each  school  corporation  therein,  and  shall  record  a 
copy  of  the  same,  together  with  all  proceedings  of  the 
county  board  had  and  done  under  this  chapter  in  a 
proper  book  kept  for  that  purpose.  He  shall  promptly 
furnish  such  officers  with  a  correct  plat  showing  any 
changes  at  any  time  in  the  boundaries  of  school  cor- 
porations. The  superintendent  of  public  instruction 
shall  furnish  instructions  for  the  suitable  preparation 
and  construction  of  such  plats  in  regard  to  scale  and 
markings,  in  order  to  secure  a  uniform  series  of  maps 
for  binding  for  office  use. 

Sec.  796.  LEGALIZING  IRREGULARITIES, 
— All  school  districts,  whether  duly  and  legally  organ- 
ized under  the  provisions  of  statute  or  not,  which  for 
six  months  or  more  last  past  have  had  a  de  facto  or- 
ganization, are  hereby  declared  to  be  legally  organized 
and  are  authorized  to  exercise  all  the  functions  of 
school  districts  which  have  been  duly  and  legally  or- 
ganized as  provided  by  statute,  with  the  boundaries 
which  they  may  have  at  the  time  of  the  going  into 
effect  of  this  article,  and  all  contracts  and  obliga- 
tions of  said  districts  and  the  acts  of  the  officials  there- 
of are  hereby  ratified  and  confirmed  so  far  as  to  give 
them  the  same  validity  which  they  would  have  had  if 
such  districts  had  been  legally  organized. 


Specifications 
to   be    furnished 
by    state    sup- 
erintendent. 


Organization 
of    districts 
made  valid. 


STATE   OF   NORTH   DAKOTA 


37 


School    officers 
elected —    when. 


Term. 


ARTICLE  5. — ELECTION  OF  OFFICERS. 

Sec.  797.  (Amended.)  OFFICERS  TO  BE 
ELECTED. — On  the  first  Tuesday  in  June  of  each 
year  there  shall  be  elected  one  school  director  for  the 
term  of  three  years  and  on  the  first  Tuesday  in  June 
of  each  even  numbered  year  a  school  treasurer  for  the 
term  of  two  years.  Such  officers  shall  hold  their  re- 
spective offices  from  the  second  Tuesday  in  July  fol- 
lowing their  election  for  the  number  of  years  respec- 
tively for  which  they  were  elected,  and  until  their  suc- 
cessors are  elected  and  qualified.  At  the  first  election 
for  the  organization  of  a  new  school  district  there  shall 
be  elected  at  large  for  such  school  district  three  direc- 
tors, one  to  serve  until  the  first  annual  election,  one  to 
serve  until  the  second  annual  election,  and  one  to  serve  in  new  district 
until  the  third  annual  election  thereafter  and  a  school 
treasurer  to  serve  until  the  annual  election  in  the  next 
even  numbered  year  and  until  his  successor  is  elected 
and  qualified.  (Sec  Appendix  D. — Note  p.) 

Sec.  798.  POLLING  PLACES,  HOW  ESTAB- 
LISHED. APPOINTMENT  OF  ELECTION  OF- 
FICERS.— The  county  superintendent  in  each  coun- 
ty shall,  at  least  twenty  days  prior  to  the  first  election 
in  the  new  district,  fix  and  designate  some  polling 
place  in  each  school  district  so  located  as  to  be  conven- 
ient for  the  voters  of  such  district,  and  shall  appoint 
two  persons  to  act  as  judges  and  two  to  act  as  clerks 
of  the  election  of  such  school  officers ;  such  judges  and 
clerks  shall  be  qualified  voters  in  their  respective  dis- 
tricts. ,  The  county  superintendent  shall  notify  in 
writing  such  judges  and  clerks  of  their  appointment, 
and  of  the  place  fixed  and  designated  as  the  polling 
place  in  their  respective  districts,  and  shall  furnish 
them  with  the  necessary  blanks  and  poll  books  for  such 
election.  He  shall  also  furnish  one  of  such  clerks 

with  three  notices  of  such  election  specifying  the  time 
and  place  at  which  such  election  is  to  be  held,  the  offi- 
cers to  be  elected  and  term  of  each,  which  notices  such 
clerk  shall  post  in  three  of  the  most  public  places  in  the 
district  at  least  ten  days  prior  to  such  election.  The 
county  superintendent  shall  fix  the  date  and  perform 
other  such  duties  as  devolve  upon  him  by  the  provis- 
ions of  this  section  for  the  first  election  in  any  school 
district  hereafter  formed  under  the  provisions  of  this 


County  super- 
intendent to 
fix    polling 
places    and    ap- 
point election 
officers. 


Shall    notify 
election    boards 
and    furnish 
election    blanks. 


Notices    of 
election. 


Other    duties. 


38  GENERAL   SCHOOL  LAWS 

chapter,  and  such  election  shall  be  called  by  the  coun- 
ty superintendent  within  thirty  days  after  the  forma- 
tion of  such  school  district. 

Sec.  799.  WHO  QUALIFIED  TO  VOTE  OR 
HOLD  OFFICE.— At  any  election  of  school  officers 
in  any  school  corporation  in  this  state  all  persons  who 
are  qualified  electors  under  the  general  laws  of  the 
state  and  all  women  twenty-one  years  of  age  having 
the  necessary  qualifications  as  to  citizenship  and  resi- 

Who  may  vote,  dence  required  of  male  voters  by  law,  shall  be  qualified 
voters  and  shall  be  eligible  to  the  office  of  county  sup- 
erintendent of  schools,  school  director  or  member  of 
the  board  of  education  or  school  treasurer,  or  maybe 
judge  or  clerk  of  such  election ;  provided,  however, 
that  the  county  superintendent  must  possess-  the  edu- 
cational qualifications  named  in  section  778  of  the  re- 
vised codes  of  1905. 

Sec.  800.     HOURS  POLLS  OPEN.— At  all  elec- 

hourSs.°P  tions  for  school  district    officers,    the    polls    shall    be 

opened  at  two  o'clock  p.  m.  and  closed  at  five  o'clock 
p.  m. 

Sec.  801.  (Amended.)  NOTICE  OF  ANNUAL 
ELECTION.— At  least  fifteen  days  before  the  first 
Tuesday  in  June  of  each  year  the  district  school  board 
of  each  school  district  shall  designate  one  polling  place 

Annual    i  as  convern'ent  as  possible  to  the  voters  of  such  district 

tion— notice"  of.  at  which  such  annual  election  shall  be  held,  and  shall 
cause  notice  of  such  election  to  be  posted  in  at  least 
three  of  the  most  public  and  conspicuous  places  within 
the  district.  Such  notices  shall  be  signed  by  the  clerk 
or  in  his  absence  by  the  president  of  the  district  school 
board,  and  shall  state  the  time  and  place  of  holding 
such  election,  and  the  officers  to  be  elected  and  their 
term  of  office,  and  shall  be  substantially  in  the  fol- 
lowing form : 

Notice  is  hereby  given  that  on  Tuesday  the 

day  of  June,  A.  D an  election  will  be 

held  at  (here  insert  polling  place) 

for  the  purpose  of  electing (here  insert 

officers  to  be  elected  and  term  each  is  to  serve)    for 

school  district  No or  for (here 

insert  name  of  school  district.)  The  polls  will  be 
opened  at  two  o'clock  p.<  m.,  and  closed  at  five  o'clock 
p.  m.  of  that  day. 

By  order  of  school  board, 

Signed  

Clerk. 


STATE   OF   NORTH   DAKOTA 


39 


Sec.  802.  JUDGE'S  OATH.—  At  such  annual  elec- 
tion any  two  of  the  directors  of  the  school  district  may 
act  as  judges  and  the  clerk  of  the  district  school  board 
and  one  other  person  to  be  chosen  by  the  voters  pres- 
ent  at  the  opening  of  the  polls,  shall  act  as  clerks.  The 
voters  present  at  the  opening  of  the  polls  shall  choose  a 
person  to  fill  any  vacancy  caused  by  the  absence  of 
either  of  such  officers  to  act  as  judge  or  clerk  of  such 
election.  Before  opening  the  polls  each  of  the  judges 
and  clerks  of  election  shall  take  and  subscribe  the  fol- 
lowing oath  or  affirmation:  "I  do  solemnly  swear 
(or  affirm)  that  I  will  perform  my  duties  as  judge  or 
clerk  (as  the  case  may  be)  according  to  law  and  the 
best  of  my  ability."  Such  oath  or  affirmation  may  be 
administered  by  any  officer  authorized  to  administer 
oaths  or  by  either  of  the  judges  or  clerks.  Any  school 
officer  elected  and  qualified  under  the  provisions  of  this 
chapter  is  authorized  and  empowered  to  administer  any 
oath  or  affirmation  pertaining  in  any  manner  to  school 
offices. 

Sec.  803.  ELECTION,  HOW  CONDUCTED. 
CANVASS  OF  VOTES.—  Such  election  shall  be  con- 
ducted and  the  votes  canvassed  as  provided  by  law 
for  general  elections,  except  as  otherwise  provided  in 
this  chapter.  Immediately  after  the  polls  are  closed 
the  judges  shall  proceed  to  count  and  canvass  the 
votes  for  each  person  voted  for  at  such  election  for  any 
office,  and  the  person  receiving  the  highest  number  of 
votes  for  the  office  of  director  or  treasurer  shall  be  de- 
clared elected.  If  the  election  results  in  a  tie  for  any 
such  office  the  district  clerk  shall  immediately  notify  in 
writing  the  parties  having  received  such  tie  votes,  and 
a  time  shall  be  agreed  upon  by  the  parties,  within  three 
days  after  the  election,  at  which  the  election  shall  be 
decided  in  the  manner  that  may  be  agreed  upon  by  the 
parties,  in  presence  of  the  judges  and  clerks  of  elec- 
tion, and  a  record  of  the  proceedings  shall  be  made  in 
the  records  of  the  district  clerk. 

Sec.  804.  CERTIFICATES  OF  ELECTION.— 
The  clerk  of  the  school  district  shall  within  five  days 
after  such  election  furnish  each  person  elected  to  any 
district  office  a  written  notice  of  his  election,  and  that 
he  shall  take  the  oath  of  office  as  such  officer  on  or  be- 
fore the  second  Tuesday  in  July  following  such  elec- 
tion. He  shall  also  forward  to  the  county  superintend- 
ent within  ten  days  after  such  election,  a  certified  list 
of  all  the  officers  elected  thereat. 


tuted- 


Vacancy. 


Oath. 


Who    may    ad- 
minister. 


Elections —  con- 
duct of. 


Canvass. 


Tie— how     de- 
termined. 


Clerk    shall 
notify   person 
elected. 


Also    county 
superintendent. 


40 


GENERAL   SCHOOL  LAWS 


Sec.  805.  OATH  OF  OFFICE.— Each  person 
elected  to  the  office  of  school  director  or  treasurer  shall 
before  entering  upon  the  duties  of  his  office,  take  and 
subscribe  the  oath  prescribed  in  section  211  of  the  con- 
stitution, which  oath  shall  be  filed  with  the  clerk  of  the 
school  district  board. 


Official    oath. 


School    board — 
how  consti- 
tuted. 


Quorum. 


Annual   meet- 
ing. 


Clerk. 


Meetings. 


Special     meet- 
ings. 


Compensation. 


ARTICLE  6. — ORGANIZATION,   MEETINGS  AND  DUTIES 
OF  DISTRICT  OFFICERS. 

Sec.  806.  DISTRICT  SCHOOL  BOARD  QUO- 
RUM.— The  three  school  directors  in  each  school  dis- 
trict shall  constitute  the  district  school  board.  A  ma- 
jority of  the  board  shall  constitute  a  quorum  and  the 
agreement  of  a  majority  shall  be  necessary  to  the  valid- 
ity of  any  contract  entered  into  by  the  board. 

Sec.  807.  ORGANIZATION.  CLERK.— The 
school  board  shall  meet  annually  on  the  second  Tues- 
day in  July  and  organize  by  choosing  one  of  the  mem- 
bers president,  and  a  competent  person,  not  a  member 
of  the  board,  clerk,  who  shall  hold  his  office  during 
the  pleasure  of  the  board.  (See  Appendix  D — Note 
ii.) 

Sec.  808.  (Amended.)  MEETINGS  OF  BOARD. 
FEES. — The  board  shall,  on  the  second  Tuesday  in 
January,  April^  July  and  October  of  each  year,  hold 
regular  meetings  for  the  transaction  of  business  at 
such  hour  and  place  as  may  be  fixed  by  the  board.  A 
special  meeting  may  be  held  upon  the  call  of  the  presi- 
dent or  the  other  two  members.  Written  notice  of  the 
time  and  place  of  any  special  meeting  shall  be  given 
to  each  member  of  the  board  at  least  forty-eight  hours 
before  the  time  of  such  meeting.  Each  member  of 
the  board  shall  be  paid  the  sum  of  eight  dollars  per 
annum,  less  two  dollars  for  each  regular  meeting  which 
he  fails  to  attend ;  provided,  that  in  any  common  school 
district  which  contains  a  graded  school  of  three  or 
more  departments  the  board  shall  hold  regular  meet- 
ings for  the  transaction  of  business  on  the  second  Tues- 
day of  each  month  at  such  time  and  place  as  may  be 
fixed  by  the  board,  and  in  such  districts,  the  members 
of  the  board  shall  receive  a  compensation  of  one  dol- 
lar for  each  meeting  attended ;  provided,  further,  that 
in  counties  having  the  district  system,  the  president 
and  clerk,  and  in  counties  having  the  township  system, 
the  members  and  clerks  or  such  officers  as  such  presi- 
dent and  board  may  appoint  to  represent  them  shall  re- 


STATE   OF   NORTH   DAKOTA 


41 


ceive  ten  cents  a  mile  for  the  distance  necessarily  trav- 
eled in  attending  general  meetings  of  the  presidents, 
members  and  clerks  of  school  boards  convened  by  the 
county  superintendent,  and  also  a  salary  of  two  dol- 
lars, but  the  total  sum  of  such  salary  and  mileage  shall 
not  exceed  five  dollars  for  each  representative  in  at- 
tending any  one  meeting. 

Sec.  809.  (Amended.)  DUTIES  OF  THE 
PRESIDENT.— The  president  shall  preside  at  all 
meetings  of  the  board,  and  shall  perform  such  duties  as 
usually  pertain  to  such  office,  and  in  accordance  with 
the  customary  rules  of  order.  In  his  absence  a  pres- 
ident pro  tempore  shall  preside.  The  president  shall  President- 
perform  such  other  duties  as  are  prescribed  in  this 
chapter.  It  shall  also  be  the  duty  of  the  president  to 
attend  such  general  meetings  of  school  officers  as  may 
be  convened  by  the  county  superintendent  of  schools. 
When  the  president  cannot  attend  such  meetings  per- 
sonally, he  shall  appoint  some  other  school  officer  to 
represent  the  district  at  such  general  meeting. 

Sec.  810.     DUTIES  OF  CLERK.     COMPENSA- 
TION.—The  clerk  of  the  board  shall  keep  an  accur- 
ate record  of  all  proceedings  of  the  board,  give  or  post    cierk— duties 
all  notices,  make  out  all  reports  and  statements  and 
perform  all  other  duties    required    by    law  or    by  the 
board.      He  shall  receive  such  compensation  as    shall 
be  fixed  by  the  board,  not  less  than  ten  dollars  for  one    Compensation, 
school  and  five  dollars  for  each  additional  school  in  his 
district ;  provided,  that  such  salary  shall  not  exceed 
forty  dollars  in  any  one  year. 

Sec.  811.  TREASURER'S  BOND,  HOW 
APPROVED.  VACANCY,  HOW  FILLED.— The 
school  treasurer  shall,  on  or  before  the  second  Tues- 
day in  July  following  his  election  and  before  entering  Bon(L 
upon  his  duties,  give  a  bond  to  the  school  district  con- 
ditioned for  the  honest  and  faithful  discharge  of  his 
duties  and  that  he  will  render  a  true  account  of  all 
funds  and  property  that  shall  come  into  his  hands  and 
pay  and  deliver  the  same  according  to  law.  Such 
bonds  shall  be  in  such  sum  as  may  be  fixed  by  the  board: 
but  not  less  than  double  the  sum  to  come  into  his  hands 
in  any  one  year  as  nearly  as  may  be  ascertained,  which 
bond  shall  'be  signed  by  two  or  more  sufficient  sureties 
to  be  approved  by  the  school  board.  In  case  the  school  Amount  fixed 
board  neglects  or  refuses  to  approve  the  bond  of  such 
treasurer  and  the  sureties  thereon,  such  treasurer  may 


by  board. 


42  GENERAL   SCHOOL  LAWS 

present  the    same  to    the  county    superintendent  and 

serve  notice  thereof  upon  the  board  and  due  proof  of 

such  notice  being  made  to  the  county  superintendent, 

he  shall,  unless  good  cause  for  delay  appears,  proceed 

When  county      to  near  anc^  determine  the  sufficiency  of  the  bond  and 

superintendent     the  sureties  thereon,  and  may  approve  or  disapprove 

may    approve.          ..  ,  1         r  T  r         t    -1 

the  same  as  the  facts  warrant.       In  case  of  a  failure 
to  elect  a  successor  to  any  school  treasurer  at  the  ex- 
piration of  his  term  of  office  the  said  treasurer  holds 
over  (and)  he  shall  be  required  to  give  a  new  bond, 
within  ten  days  after  notice  by  the  board.  In  case  of  a 
failure  so  to  do  a  vacancy  shall  be  deemed  to  exist  in 
said  office  and  shall  be  filled  as  provided  by  law.     In 
County  treasur-  case  a  vacancy   occurs   in   the   office   of  the   district 
She?.  ac  treasurer,  it  shall  be  the  duty  of  the  county  treasurer 

of  the  county  wherein  such  school  district  is  located, 
upon  being  notified  by  the  county  superintendent  or 
clerk  of  such  school  district  that  such  vacancy  exists, 
to  perform  the  duties  of  treasurer  of  such  school  dis- 
trict until  the  vancacy  is  duly  filled. 

Sec.  812.     WHEN  ADDITIONAL  BONDS  RE- 
QUIRED.—Whenever  the  amount  in  the  hands  of  the 

Additional  ^  .  .  i  •    j          r 

bond— when  re-  treasurer  or  subject  to  his  order  exceeds  two-thirds  of 
quired.  the  penaj  sum  Of  his  bonci  or  when  in  the  judgment  of 

the  board  or  of  the  county  superintendent  the  security 
on  such  bond  is  impaired,  the  board  or  county  super- 
giTc.  intendent  shall  require  an  additional  bond.  If  the 
treasurer  fails  for  twenty  days  to  give  such  additional 
bond  the  office  shall  be  declared  vacant  and  the  vacancy 
shall  be  filled  as  provided  by  this  chapter. 

Sec.     813.       SURETY    BONDS,     PREMIUMS, 
Surety  com-       HOW  PAID.— That  every  person  hereafter  elected  to 
n  ^e  °^ce  °^  district  school  treasurer  within  the  state  of 

North  Dakota,  be,  and  is  hereby  required  to  give  an 
official  bond  in  a  penal  sum  to  be  fixed  by  the  board  of 
directors,  which  bond  shall  not  be  in  a  less  penal  sum 
than  double  the  amount  of  money  likely  to  come  into 
his  hands  in  any  one  year,  and  such  board  may  by  reso- 
lution require  that  such  bond  shall  be  executed  by  some 
responsible  fidelity  or  surety  company  authorized  and 
qualified  to  do  business  in  the  state  of  North  Dakota, 
and  subject  to  approval  as  provided  by  law ;  provided, 
further,  if  a  surety  bond  is  given  it  shall  be  given  for 
-  be  a  sum  ^xed  by  tne  board  of  directors.  The  amount  of 
premiums  for  such  surety  or  fidelity  bond  shall  be  aud- 
ited by  the  board  of  directors  and  paid  out  of  the  gen- 
eral fund  of  the  district. 


STATE   OF   NORTH   DAKOTA 


43 


Annual   state- 
ment to  be 
published. 


No  money  to 
be   paid    except 
on    warrant. 


Endorsements 
on    unpaid 
warrants. 


Sec.  814.  SCHOOL  FUNDS,  HOW  PAID  OUT. 
—The  school  treasurer  shall  keep  such  accounts  and 
make  such  reports  as  are  required  of  him  by  law  and 
shall  publish  his  annual  statement  in  a  newspaper  pub- 
lished in  the  nearest  city  or  town  to  his  district.  He 
shall  pay  no  money  out  of  the  funds  in  his  hands  ex- 
cept upon  the  warrant  of  the  school  board,  signed  by 
the  president  and  countersigned  by  the  clerk.  He  shall 
pay  all  warrants  properly  drawn  and  signed  when  pre- 
sented, if  there  is  any  money  in  his  hands  or  subject 
to  his  order  for  their  payment. 

Sec.  815.  (Amended.)  WARRANTS  TO  BE  IN- 
DORSED WHEN  NO  FUNDS  TO  PAY.— When 
a  warrant  is  presented  to  the  treasurer  for  payment 
and  there  is  no  money  in  his  hands  or  subject  to  his 
order  belonging  to  the  proper  fund  for  the  payment  of 
such  warrants,  he  shall  indorse  on  such  warrant  "pre- 
sented for  payment  this day  of 

190 ,  and  not  paid  for  want  of  funds,"  and  shall 

sign  such  indorsement.  If  he  has  in  his  hands  or  sub- 
ject to  his  order  money  for  the  part  payment  of  such 
warrant  he  shall  make  such,  part  payment  and  indorse 
the  sum  on  the  warrant  and  add  "balance  not  paid  for 
want  of  funds,"  signing  the  same.  He  shall  keep  a 
correct  register  of  all  warrants  so  presented  and  in- 
dorsed. Each  warrant  thus  presented  and  indorsed 
shall  draw  interest  on  the  amount  unpaid  at  a  rate  not 
to  exceed  eight  per  cent  per  annum  from  the  date  of 
such  presentation  and  indorsement  until  paid;  provid- 
ed, that  when  there  shall  come  into  the  hands  of  the 
treasurer  or  subject  to  his  order,  money  applicable  to 
the  payment  of  any  warrant  which  has  been  so  present- 
ed and  registered,  the  treasurer  shall  notify  in  writing 
by  mail  the  drawee  of  such  warrant  at  his  last  known 
place  of  residence  to  present  such  warrant  for  pay- 
ment, and  interest  shall  cease  upon  every  such  warrant 
ten  days  after  such  notice  shall  have  been  sent,  and 
such  money  shall  be  held  for  the  payment  of  such  war- 
rant. 


Interest   S   per 
cent. 


Notice    to 
drawee. 


Sec.  816.  WARRANTS,  WHAT  TO  SPECIFY. 
—Each  warrant  drawn  by  the  clerk  or  the  board  on  the 
district  treasurer  must  specify  the  purpose  for  which 
it  is  drawn,  the  fund  on  which  it  is  drawn  and  the  per- 
son to  whom  payable;  and  no  warrant  shall  be  issued 
except  for  an  indebtedness  incurred  prior  to  its  issue. 


Warrants — 
what  to  specify. 


44  GENERAL   SCHOOL  LAWS 

Sec.  817.  OATHS  AND  BONDS,  WHERE  TO 
BE  FILED.— All  official  oaths  and  bonds  of  school 
Official  oaths  district  officers  shall  be  filed  wi'th  the  district  clerk,  who 
sna^  immediately  certify  to  the  county  superintendent, 
tne  fact  of  such  oaths  and  bonds  being  filed.  Said 
clerk  shall  file  school  treasurer's  bond  with  county  aud- 
itor after  such  bond  has  been  approved  by  the  district 
school  board,  as  provided  in  this  chapter.  In  case  of 
the  breach  of  any  of  the  conditions  of  the  treasurer's 
bond,  the  board,  through  its  president,  and  in  case  of 
his  refusal  so  to  do,  the  county  superintendent  shall 
cause  an  action  to  be  commenced  and  prosecuted  there* 
on  in  the  corporate  name  of  the  district,  and  any  money 
collected  for  the  district  shall  be  paid  to  the  district 
treasurer  and  any  money  collected  for  fines  shall  be 
Action  on  treas-  paid  into  the  county  treasury  and  be  credited  to  the 
urer's  bond.  general  school  fund'  of  the  state.  If  the  board  and 
county  superintendent  both  fail  or  refuse  to  bring  such 
action  any  taxpayer  in  the  district  may  commence  and 
prosecute  such  action,  and  the  necessary  expense  there- 
of shall  be  paid  out  of  the  district  treasury  unless  oth- 
erwise ordered  by  the  court.  (See  Appendix  C.  VIIL 
also  Appendix  D,  Note  ij.) 

Sec.  818.  SALARY  OF  SCHOOL  TREASUR- 

Treasurer's         ER. — The  school  treasurer  shall  be  paid  for  his  ser- 

saiary.  vices  such  sum  as  shall  be  fixed  by  the  board  not  less 

than  five  nor  more  than  twenty-five  dollars  per  annum. 

ARTICLE  7. — POWERS  AXD  DUTIES  OF  DISTRICT 
SCHOOL  BOARDS. 

Board  shall  Sec-  819-     GENERAL     POWERS.— The    district 

have  general       school  board  shall  have  the  general  charge,  direction 
troT.ge  and  management  of  the  schools  of  the  district,  and  the 

care,  custody  and  control  of  all  the  property  belong- 
No  relative  em-  innr  to  it,  subject  to  the  provisions  of  this  chapter;  pro- 

ployed      without       .^  '         . J  ,r  .  . 

unanimous  con-  vided,  that  in  the  employment  ot  teachers,  no  relative 
board<      of  any  member  of  the     district  board     shall  be  hired 
without  the  unanimous  consent  of  the  board. 

May  establish,        Sec.  820.  POWER  TO  ESTABLISH  SCHOOLS. 

tafn^hangJTor  — ^  shall  organize,  maintain  and  conveniently  locate 

discontinue          schools  for  the  education  of  children     of  school  age 

within  the  district,  and  change  or  discontinue  any  of 

them  in  the  cases  provided  by  law.       (See  sec.  704.) 


STATE   OF   NORTH   DAKOTA 


45 


Sec.  821.  REPAIRS,  FUEL  AND  SUPPLIES.— 
It  shall  make  all  necessary  repairs  to  the  school  houses, 
outbuildings  and  appurtenances,  and  shall  furnish  fuel 
and  all  necessary  supplies  for  the  schools. 

Sec.  822.  FURNITURE,  MAPS,  REGISTER, 
SCHOOL  LIBRARY.— It  shall  furnish  to  each  school 
all  necessary  and  suitable  furniture,  maps,  charts  and 
apparatus,  including  any  dictionary  which  is  recog- 
nized as  a  standard  authority.  The  school  register  and 
all  school  blanks  used,  shall  be  those  furnished  by  the 
state  department  of  public  instruction.  It  may  appro~ 
priate  and  expend  each  year  not  less  than  ten,  nor  more 
than  twenty-five  dollars  for  each  school,  or  separate 
department  thereof,  of  the  district  for  the  purpose  of  a 
school  library,  to  be  selected  by  the  school  board  and 
the  county  superintendent  of  schools  from  any  list  of 
books  prepared  by  the  superintendent  of  public  in- 
struction, and  furnished  by  him  to  the  county  super- 
intendent for  that  purpose,  and  it  shall  not  purchase 
any  books  which  have  not  been  approved  by  the  super- 
intendent of  public  instruction.  It  shall  have  the  care 
and  custody  of  the  library  and  may  appoint  as  librarian 
any  suitable  person,  including  one  of  their  number, 
but  whenever  practicable,  the  library  shall  be  kept  in 
the  school  house  and  always  so  when  school  is  in  ses- 
sion. It  shall  make  rules  to  govern  the  circulation  and 
care  of  the  books  while  in  the  hands  of  the  pupils  or 
other  persons,  subject  to  the  general  rules  as  may  be 
prescribed  by  the  state  superintendent  of  public  in- 
struction, and  may  impose  and  collect  penalties  for 
injuries  done  to  any  book  by  the  act,  negligence  or 
permission  of  the  person  who  takes  the  same  or  while 
in  his  possession,  but  no  book  shall  be  loaned,  to  any 
person  not  a  resident  of  the  district.  It  may  at  any 
time  temporarily  exchange  any  part  or  all  of  its  hbray 
with  any  other  district  or  person,  so  far  as  different 
books  may  be  obtained,  but  each  district  shall  recall 
its  books  before  the  close  of  the  school  term.  It  may 
at  any  time  accept  donations  of  books  for  the  library, 
but  it  shall  exclude  therefrom  all  books  unsuited  to 
the  cultivation  of  good  character  and  good  morals  and 
manners,  and  no  sectarian  publications,  devoted  to  the 
discussion  of  sectarian  differences  and  creeds  shall  be 
admitted  to  the  library.  It  shall  be  held  accountable 
for  the  proper  care  and  preservation  of  the  library, 
and  shall  report  annually  to  the  county  superintendent 


Repairs,     fuel, 
etc. 


Furniture   and 
apparatus. 


School    library. 


Appoint    librar- 
ian. 


Rules     govern- 
ing use  of 
books. 


May     exchange 
or  exclude 
books. 


46 


GENERAL   SCHOOL  LAWS 


Who   may 
teach. 


all  library  statistics  which  may  be  required  by  the 
blanks  furnished  for  that  purpose  by  the  superinten- 
dent of  public  instruction. 

Sec.  823.  (Amended.)  TEACHERS,  HOW  EM- 
PLOYED. SALARIES,  HOW  GRADED.— It  shall 
employ  the  teachers  of  the  school  district  and  may  dis- 
miss a  teacher  at  any  time  for  plain  violation  of  con- 
tract, gross  immorality  or  flagrant  neglect  of  duty. 
No  person  shall  be  permitted  to  teach  in  any  public 
school  who  is  not  the  holder  of  a  teacher's  certificate 
or  a  permit  to  teach,  valid  in  the  county  or  district  in 
which  such  school  is  situated,  and  every  contract  for 
the  employment  of  a  teacher  must  be  in  writing  and 
such  contract  must  be  executed  before  such  teacher 
begins  to  teach  in  such  school.  It  shall  grade  the  sal- 
aries of  teachers  for  the  district  in  accordance  with  the 
grade  of  certificate  and  no  teacher  holding  a. certificate 
of  a  lower  grade  shall  receive  a  salary  equal  to  or  in 
excess  of  that  paid  to  a  teacher  holding  a  certificate 
of  a  higher  grade  in  the  same  district ;  provided,  fur- 
ther, that  no  teacher  holding  a  second  grade  certificate 
shall  receive  less  than  forty-five  dollars  per  month  on 
and  after  the  passage  and  taking  effect  of  this  act. 
month.  $45  per  And  nothing  in  this  section  shall  be  construed  to  mean 
that  teachers  holding  the  same  grade  of  certificate 
must  necessarily  receive  the  same  wages. 

Sec.  824.  (Amended.)  PUPILS  FROM  OTHER 
DISTRICTS.— It  shall  have  the  power  to  admit  to 
the  schools  in  the  district  pupils  from  other  districts, 
when  it  can  be  done  without  injuring  or  overcrowd- 
ing such  schools  and  shall  make  regulations  for  their 
admission  and  the  payment  of  their  tuition.  It  shall 
have  the  power  to  arrange  with  the  board  of  an  adja- 
cent district  for  sending  to  such  district  such  pupils 
as  can  conveniently  be  taught  therein,  for  paying  their 
tuition,  and  for  arranging  and  paying  for  their  trans- 
portation to  and  from  the  school  in  such  district ;  and 
when  petitioned  by  a  majority  of  the  voters  of  a  dis- 
trict it  shall  be  the  duty  of  the  board  of  any  district  to 
arrange  for  sending  to  such  district  such  pupils  as  can 
conveniently  be  taught  therein,  for  paying  their  tui- 
tion and  for  arranging  and  paying  for  their  transpor- 
tation to  and  from  the  school  in  such  district.  It  shall 
have  the  power  to  admit  to  the  schools  in  the  district 
pupils  residing  in  unorganized  territory  adjacent  to  the 
district,  and  shall  arrange  with  the  parents  or  guar- 


Contract. 


Salaries 
graded. 


Minimum   sal- 
ary,   second 


May  admit 
pupils  from 
other  districts. 


May  transfer 
pupils. 


STATE   OF   NORTH   DAKOTA 


47 


dians  of  such  pupils  for  paying  their  tuition;  but  in 
no  instance  shall  a  board  refuse  privileges  to  or  col- 
lect tuition  from  pupils  residing  in  such  adjacent  un- 
organized territory,  if  the  parents  of  such  pupils  are 
property  holders  in  the  district  and  pay  taxes.  It  shall 
also  have  the  power  to  make  proper  and  needful  rules 
for  the  assignment  and  distribution  of  pupils  to  and 
among  the  schools  in  the  district,  and  their  transfer 
from  one  school  to  another.  (See  Appendix  D,  note 
14.) 

Sec.  825.  RULES.  SUSPENSION  OF  PUPILS. 
—It  shall  assist  and  co-operate  with  teachers  in  the    Government 
government   and   discipline  of   the   schools,   and   may 
make  proper  rules  and  regulations  therefor.       It  may 
suspend  or  expel  from  school  any  pupil  who  is  insub- 
ordinate or  habitually  disobedient,  but  such  suspension 
shall  not  be  for  a  longer  period  than  ten  days  nor  such 
expulsion  beyond  the  end     of  the  current     term  of    Suspension- 
school. 

Sec.  826.  BRANCHES  OF  STUDY.— Subject  to 
tne  approval  of  the  county  superintendent,  it  shall  have 
power  to  determine  what  branches,  if  any,  in  addition 
to  those  required  by  law  shall  be  taught  in  any  school 
of  the  district. 

Sec.  827.  TAX  LEVY.  NOTICE  TO  COUNTY 
AUDITOR.— It  shall  have  power  to  levy  upon  the 
property  in  the  district  a  tax  for  school  purposes  of  not 
exceeding  thirty  mills  on  the  dollar  in  any  year,  which 
levy  shi...  o  made  by  resolution  of  the  'board  prior  to 
the  twentieth  day  of  July.  The'  clerk  shall  immed- 
iately thereafter  notify  in  writing  the  county  auditor 
of  the  amount  of  tax  so  levied.  It  shall  not  have  power 
to  abate  or  reduce  the  amount  of  tax  so  levied  after 
the  county  auditor  has  been  notified  of  the  amount  of 
such  levy.  (See  Appendix  C,  VI'.  if.) 

Sec.  828.  WHEN  SCHOOL  HOUSES  CAN  BE 
USED  FOR  OTHER  PURPOSES.— It  may  permit 
a  school  house,  when  not  occupied  for  school  purposes, 
to  be  used  under  careful  restrictions  for  any  proper 
purpose,  giving  equal  rights  and  privileges  to  all  re- 
ligious denominations  or  political  parties,  but  for  any 
such  use  or  privilege  it  shall  not  be  at  any  cost  for 
fuel  or  otherwise  to  the  district.  Nor  shall  any 
furniture  which  is  fastened  to  the  floor  be  rerfioved, 
and  whoever  removes  any  school  furniture  for  any 


Course    of 
study. 


Tax   levy — 
how  made  and 
when. 


No    reduction — 
when. 


School    house 
used  for  other 
purposes. 


Conditions. 


48 


GENERAL   SCHOOL  LAWS 


other  purpose  than  repairing  the  same  or  for  repairing 
the  school  room  shall  be  guilty  of  a  misdemeanor  and 
shall  be  fined  not  less  than  five  nor  more  than  ten  dol- 
lars for  each  offense.  All  fines  imposed  and  collected  Fines> 
under  the  provisions  of  this  section  shall  be  paid  into 
the  general  school  fund  of  the  state. 

Sec.  829.  SCHOOL  HOUSES  AND  SITES, 
HOW  DETERMINED.  PLANS  FOR  SCHOOL 
HOUSES,  HOW  PREPARED.  BOARD  OF  IN-  School  house 
SPECTORS,  HOW  CONSTITUTED.— Whenever  ected  prow 
in  the  judgment  of  the  board  it  is  desirable  or  necessary 
to  the  welfare  of  the  schools  in  the  district,  or  to  pro- 
vide for  the  children  therein  proper  school  privileges, 
or  whenever  petitioned  to  do  so  by  one-third  of  the 
voters  of  the  district,  the  board  shall  call  a  meeting  of 
the  voters  in  the  district  at  some  convenient  time  and 
place  fixed  by  the  board,  to  vote  upon  the  question  of 
the  selection,  purchase,  exchange  or  sale  of  a  school 
house  site,  or  the  erection,  removal,  or  sale  of  a  school 
house.  Said  election  shall  be  conducted  and  votes 
canvassed  in  the  same  manner  as  at  the  annual  elec- 
tion of  school  officers.  Three  notices  of  the  time, 
place  and  purpose  of  such  meeting  shall  be  posted  in 
three  public  places  in  the  district  at  least  ten  days  prior 
to  such  meeting.  If  a  majority  of  the  voters  present 
at  such  meeting  shall  by  vote  select  a  school  house 
site,  or  shall  be  in  favor  of  the  purchase,  exchange  or 
sale  of  the  school  house,  as  the  case  may  be,  in  accord- 
ance with  such  vote,  provided,  it  shall  require  a  vote 
of  two-thirds  of  the  voters  present  and  voting  at  such 
meeting  to  order  the  removal  of  the  school  house,  and 
such  school  house  so  removed  cannot  again  be  removed 
within  three  years  from  the  date  of  such  meeting ;  pro- 
vided, further,  that  whenever  a  school  house  is  to  be  NO  removal 
purchased,  erected  or  constructed  in  a  common  school  years, 
district,  the  school  board  shall  consult  with  the  county 
superintendent  of  schools  and  the  county  superin- 
tendent of  health  with  regard  to  plans  provid- 
ing for  the  proper  construction,  lighting,  heating  and 
ventilation ;  provided,  further,  that  it  shall  be  the  duty 
of  the  state  superintendent  of  public  instruction  to 
furnish  plans  for  school  houses  of  one  and  two  rooms 
as  will  be  in  accord  with  the  best  ideas  pertaining  to 
heating,  lighting,  ventilating  and  other  sanitary  re- 
quirements. 


STATE  OF   NORTH   DAKOTA 


49 


2.  The  county  superintendent  of  health,  the  chair- 
man of  the  board  of  county  commissioners  and  the 
county  superintendent  of  schools  of  each  county  are 
hereby  constituted  a  board  for  the  purpose  of  inspect- 
ing school  houses  and  out-buildings  with  reference  to  Board  of  Jn_ 
their  sanitary  condition,  and  whenever  the  county  specters. 
superintendent  of  schools  shall  report  to  said  board  of 
inspection  that  a  school  house  or  out-building  is  in  an 
unsanitary  or  unsafe  condition,  said  board  shall  in- 
spect the  same  and  shall  direct  the  district  school 
board  to  make  such  changes  or  repairs  as  are  neces- 
sary to  make  such  building  or  buildings  sanitary,  safe 
and  fit  for  school  purposes. 

Sec.  830.  SCHOOL  HOUSE  SITES,  HOW  OB- 
TAINED AND  MAXIMUM  AREA  ALLOWED.—  Grants>  how 
The  school  board  of  any  school  district  may  take  in  the  'taken  care  of. 
corporate  name  thereof,  any  real  property  not  exceed- 
ing five  acres  in  area  chosen  as  a  site  for  school 
house,  as  provided  in  this  chapter,  and  may  hold  and 
use  such  tract  for  school  purposes  only.  Should  the  Area, 
owner  of  such  real  property  refuse  or  neglect  to  grant 
and  convey  such  site,  a  site  for  school  house  may  be 
obtained  by  proceeding  in  eminent  domain,  as  provided 
in  the  code  of  civil  procedure.  If  the  site  so  selected 
is  not  used  for  the  purposes  for  which  it  is  taken  for 
two  successive  years,  it  shall  revert  to  the  original 
owner  or  his  assigns  upon  payment  of  the  sum  origin- 
ally paid  by  the  corporation.  If  such  owner  or  his  as- 
signs neglects  or  refuses  to  make  such  repayment  for 
one  year  after  demand  therefor  by  the  board,  such 
site  shall  be  the  property  of  the  district. 

Sec.  831.  SCHOOLS  TO  BE  ORGANIZED  ON 
PETITION. — If  a  petition  signed  by  the  persons 
charged  with  the  support  and  having  the  custody  and 
care  of  nine  or  more  children  of  school  age,  all  of 
whom  reside  not  less  than  two  and  one-half  miles 
from  the  nearest  school,  is  presented  to  the  board, 
asking  for  the  organization  of  a  school  for  such  chil- 

,       ,  1     11  •  New   school    for 

clren,  me  board  shall  organize  such  school  and  employ  remote  pupils. 
a  teacher  therefor,  if  a  suitable  room  for  such  school 
can  be  leased  or  rented  at  some  proper  location  not 
more  than  two  and  one-half  miles  distant  from  the 
residence  of  any  one  of  such  children,  and  if  such 
petition  is  signed  by  the  persons  charged  with  the  sup- 
port and  having  the  custody  and  care  of  twelve  or 
more  such  children,  the  board  shall  organize  a  school 


Eminent  do 
main. 


50 


GENERAL   SCHOOL  LAWS 


year. 


and  employ  a  teacher  therefor  and  if  no  suitable  room 
for  such  school  can  be  leased  or  rented,  the  board  shall 
call  a  meeting  of  the  voters  of  the  district  for  the  selec- 
tion and  purchase  of  a  school  house  site  therefor  and 
the  purchase  or  erection  of  a  school  house,  as  pro- 
vided for  in  section  829.  If  at  such  meeting  no  such 
site  is  selected  or  if  it  is  not  voted  to  erect  or  purchase 
Sectmsi£ng  t0  a  school  house  for  such  school  the  board  shall  select 
and  purchase  a  school  house  site  and  erect,  purchase 
or  move  thereon  a  school  house  at  a  cost  of  not  more 
than  twelve  hundred  dollars  for  such  house  and  fur- 
niture therefor;  provided,  that  the  provisions  of  this 
section  shall  not  apply  in  instances  where  schools  have 
been  consolidated  in  accordance  with  the  provisions 
of  section  832. 

Sec.  832.  (Amended.)  SCHOOL  TERMS,  HOW 
ARRANGED  AND  WHEN  DISCONTINUED. 
CONSOLIDATION  OF  COMMON  SCHOOLS.— 
The  district  board  shall  determine  and  fix  the  length 
Jfensgchhoo°feache  of  time  the  schools  in  the  district  shall  be  taught  each 
year,  and  when  each  term  of  school  shall  begin  and 
end.  It  shall  so  arrange  such  terms  as  to  accommo- 
date and  furnish  school  privileges  equally  and  equit- 
ably to  pupils  of  all  ages ;  provided,  that  every  com- 
mon school  shall  be  kept  in  session  for  not  less  than 
six  months  in  each  school  year ;  provided,  further,  that 
any  school  may  be  discontinued  when  the  average  at- 
tendance of  pupils  therein  for  ten  consecutive  days 
shall  be  less  than  four ;  and  all  contracts  between 
school  boards  and  teachers  shall  contain  a  provision 
that  no  compensation  shall  be  received  by  such  teacher 
from  the  date  of  such  discontinuance,  or  when,  with 
the  consent  of  a  majority  of  the  patrons  of  such  school, 
proper  and  convenient  school  facilities  can  be  provided 
for  the  pupils  therein  in  some  other  school ;  provided, 
further,  that  a  board  may  call,  and,  if  petitioned  by 
one-third  of  the  voters  in  the  district,  shall  call  an  elec- 
tion to  determine  the  question  of  "conveying  pupils  at 
the  exp'ense  of  said  district  to  and  from  schools  already 
established,"  or  "of  consolidating  two  or  more  common 
schools,  and  of  selecting  a  site  and  erecting  a  suitable 
building,  or  of  making  suitable  additions  to  buildings 
already  erected,  to  accommodate  the  pupils  of  schools 
to  be  vacated."  Said  elections  shall  be  conducted, 
both  as  to  notices  and  as  to  manner  of  canvassing  the 
votes,  in  the  same  manner  as  the  annual  school  elec- 


Not   less   than 
six  months. 


Conveying  pu- 
pils. 


Consolidation. 


STATE   OF   NORTH   DAKOTA 


51 


tion.  If  a  majority  of  the  votes  cast  at  such  election 
are  in  favor  of  conveying  pupils  to  and  from  schools 
already  established  or  of  consolidating  two  or  more 
schools  and  of  providing  a  suitable  building  for  the 
accommodation  of  the  pupils  of  vacated  schools,  then 
the  board  shall  make  all  necessary  arrangements  to 
carry  out  the  decision  of  the  district.  The  board  shall 
arrange  for  the  transportation  of  pupils  to  and  from  TransP°rtati°n 
such  schools.  It  shall  establish  routes  of  travel,  adopt 
rules  and  regulations  for  such  transportation  and  shall 
contract  with  responsible  parties  for  such  transporta- 
tion. 


and  routes  of 
travel. 


Sec.  833.  ADDITIONAL  SCHOOL  TIME.— If 
a  majority  of  the  patrons  of  any  school  averaging  for 
its  last  term  twelve  or  more  pupils  in  daily  attendance, 
shall  petition  the  board  to  continue  such  school  for 
an  additional  time,  not  exceeding  nine  months  in 
any  school  year,  the  board  shall  continue  such  school 
for  that  length  of  time,  if  there  are  funds  in  the  treas- 
ury sufficient  for  that  purpose. 

Sec.  834.  (Amended-)  DISTRICT  HIGH 
SCHOOLS,  HOW  ESTABLISHED  AND  CON- 
TROLLED.— In  any  district  containing  four  or  more 
common  schools,  and  having  an  enumeration  of  sixty  .  . 
or  more  persons  of  school  age  residing  therein  the  schools. 
board  may  call,  and  if  petitioned  so  to  do  by  ten  or 
more  voters  in  the  district,  shall  call  a  meeting  of  the 
voters  of  such  district  in  the  manner  prescribed  in  sec- 
tion 829  to  determine  the  question  of  establishment 
of  a  district  high  school.  If  a  majority  of  the  voters  How  estab- 
at  such  meeting  vote  in  favor  of  establishing  such  high  Hshed. 
school,  the  meeting  shall  further  proceed  to  select  a 
site  therefor,  and  to  provide  for  the  erection  or  pur- 
chase of  a  school  building  or  for  the  necessary  addi- 
tion to  some  school  building  therefor.  Thereupon  the 
board  shall  erect  or  purchase  a  building  or  make  such 
addition  for  such  high  school,  as  shall  be  'determined 
at  such  meeting  and  shall  establish  therein  a  district 
high  school  containing  one  or  more  departments,  and  Length  of  term 
employ  teachers  therefor.  Such  school  shall  be  kept 
in  session  for  such  time  each  year,  not  less  than  three 
months,  as  the  board  may  determine.  The  board  shall, 
subject  to  the  approval  of  the  county  superintendent, 
grade  such  high  school,  and  prescribe  the  studies  to 
be  pursued  therein,  and  shall  have  the  same  manage- 
ment and  control  thereof  as  of  the  common  schools  in 


52 


GENERAL   SCHOOL  LAWS 


Course 
study. 


the  district.  Two  or  more  adjacent  school  districts 
of  may  join  in  the  establishment  and  maintenance  of  such 
high  school,  or  of  a  graded  school  or  of  both,  when 
empowered  so  to  do  by  a  majority  of  the  voters  in  each 
district,  at  a  meeting  called  and  held  as  provided  for  in 
this  section,  in  which  case  the  building  and  furniture 
occupied  and  used  for  such  high  school  or  graded 
school  shall  belong  to  the  districts  so  uniting  and  all 
the  costs  of  maintaining  such  school,  or  schools,  in- 
cluding wages  of  teachers  and  all  necessary  supplies 
Adjacent  dis-  shall  be  paid  by  such  districts  in  proportion  to  the  as- 
trkts  may  unite.  sessecj  valuation  of  the  property  in  each,  and  the  em- 
ployment of  teachers  therefor,  and  the  management, 
control  and  grading  thereof  shall  be  vested  in  the  joint 
boards  of  such  districts,  subject  to  the  approval  of  the 
county  superintendent  of  the  county  in  which  such 
districts  are  located. 


Census. 


Defectives. 


Enumeration  — 
how  made  and 
when. 


Sec.  835.  SCHOOL  CENSUS.  ANNUAL  RE- 
PORT.—The  school  board  shall  cause  the  clerk  to 
make  an  enumeration  between  the  first  and  twentieth 
day  of  June  of  each  school  year,  of  all  unmarried  per- 
sons of  school  age,  being  over  six  and  under  twenty, 
having  their  legal  residence  in  the  district,  exclusive  of 
any  unmarried  person  of  school  age  who  is  supported 
wholly  at  the  expense  of  the  state  at  any  institution 
for  the  blind,  institution  for  deaf  and  dumb,  institution 
for  feeble  minded,  the  reform  school  or  any  model 
school  in  connection  with  any  state  normal  school,  giv- 
ing the  names  and  ages  of  such  persons  and  the  names 
of  parents  and  guardians  having  the  care  and  custody 
of  each ;  also  the  names,  ages  and  post  office  address  of 
parents  and  guardians  of  each  deaf  and  dumb,  blind 
and  feeble  minded  person  between  the  ages  of  five  and 
twenty-five  years,  residing  in  the  district,  including  all 
such  persons  as  may  be  too  deaf  or  feeble  minded  to 
acquire  an  education  in  the  common  schools.  The 
enumeration  shall  be  made  upon  and  in  accordance 
with  the  blanks  furnished  therefor  by  the  county  super- 
intendent, and  shall  be  returned  to  the  county  super- 
intendent prior  to  the  tenth  day  of  July;  provided, 
that  in  districts  where  the  number  of  persons  of  school 
age  attending  school  for  a  period  of  sixty  days  during 
the  school  year  is  less  than  fifty  per  cent  of  the  total 
enumeration,  it  shall  be  the  duty  of  the  county  super- 
intendent to  withhold  from  such  district  its  apportion- 
ment of  state  and  county  tuition  funds  until  such  time 


STATE  OF   NORTH   DAKOTA 


53 


as  a  satisfactory  explanation  of  the  failure  to  send  pu- 
pils to  school  is  made  by  the  school  board  of  said  dis- 
trict to  the  county  superintendent  and  superintendent 
of  public  instruction.  A  copy  of  the  enumeration  of 
such  deaf  and  dumb  persons  shall  be  furnished  the 
superintendent  of  the  school  for  the  deaf ;  a  copy  of 
the  enumeration  of  such  blind  persons  shall  be  fur- 
nished to  the  superintendent  of  the  school  for  the 
blind,  and  the  enumeration  of  such  feeble 
minded  persons  shall  be  furnished  the  super- 
intendent of  the  institution  for  the  feeble  minded  by 
the  county  superintendent  immediately  upon  receipt  of  Reports,  to 
the  same.  A  copy  of  such  enumeration  shall  also  be  whom  sent- 
kept  in  the  office  of  the  district  clerk.  The  board  shall 
also  cause  the  district  clerk  to  make  out  an  annual  re- 
port for  the  year  beginning  July  1  and  ending  June  30, 
containing  such  financial  and  statistical  statements  and 
items  as  shall  be  required  by  the  superintendent  of  pub- 
lic instruction,  upon  and  in  accordance  with  the  blanks 
furnished  therefor  by  the  county  superintendent.  Such 
report  shall  be  carefully  examined  and  certified  as 
correct  by  the  board  at  its  regular  meeting  in  July  and 
transmitted  to  the  county  superintendent  prior  to  the 
first  day  of  August  following.  A  copy  of  such  report 
shall  be  filed  in  the  district  clerk's  office. 

Sec.  836.     RECORDS  OPEN  TO  INSPECTION. 
—All  reports,  books,  records,  vouchers,  contracts  and 
papers  relating  to  school  business  in  a  school  district 
in  the  office  of  the  clerk  or  treasurer,  shall  at  all  times 
be  open  to  the  inspection  of  any  director,  who  shall  ad-    Records  to  be 
vise  and  aid  in  securing  correct  records  and  accounts    pubhc- 
and  legal  reports,  and  they  shall  likewise  be  open  to 
the  superintendent  and  any  particular  paper  or  record 
shall  be  exhibited  at  reasonable  hours  to  any  voter  or 
taxpayer. 

Sec.  837.  RECORDS  AND  TEACHING  IN 
ENGLISH. — All  reports  and  records  of  school  officers 
and  proceedings  of  all  school  meetings  shall  be  in  the 
English  language,  and  if  any  money  belonging  to  any 
district  shall  be  expended  in  supporting  a  school  in  English  lan- 
which  the  English  language  shall  not  be  taught  ex-  duasfveiy.sed 
clusively,  the  county  superintendent  or  any  taxpayer 
of  the  school  corporation  may  in  a  civil  action  in  the 
name  of  the  corporation  recover  for  such  corporation 
all  such  money  from  the  officer  expending  it  or  order- 
ing or  voting  for  its  expenditure. 


54  GENERAL   SCHOOL  LAWS 

Sec.  838.  MAINTENANCE  OF  STATE  EDU- 
CATIONAL INSTITUTIONS.— For  the  purpose  of 
providing  for  the  maintenance  of  the  state  university 
and  school  of  mines  at  Grand  Forks,  the  agricultural 
college  at  Fargo,  the  state  normal  school  at  Valley 
City,  the  state  normal  school  at  Mayville,  the  school 
for  the  deaf  and  dumb  at  Devils  Lake,  the  school  of 
One  mill  tax.  forestry  at  Bottineau,  the  North  Dakota  academy  of 
science  at  Wahpeton  and  the  industrial  school  at  Ellen- 
dale,  as  a  part  of  the  public  school  system  of  this  state, 
there  is  hereby  levied  upon  all  taxable  property  in  the 
state — real  and  personal — an  annual  tax  of  one  mill 
on  each  dollar  of  the  assessed  valuation  of  such  prop- 
erty in  each  and  every  year  hereafter. 

Sec.   839.     COUNTY  AUDITOR  SHALL  CAL- 
CULATE AMOUNT  OF  LEVY.— The  county  au- 
ditor of  each  county  shall  at  the  time  of  making  the 
annual  tax  list  in  his  county,  calculate  the  amount  of 
— Eowntca°icidat-y  tne  levy  hereinbefore  provided  for  upon  each  and  ev- 
ed.  ery  item  of  property  assessed  in  his  county  as  it  ap- 

pears upon  the  last  assessment  roll  and  extend  the  same 
'  upon  such  tax  list  in  a  column  to  be  provided  for  that 
purpose  and  such  tax  shall  thereupon  be  calculated  and 
paid  over  to  the  state  treasurer  the  same  as  other  state 
taxes. 

Sec.  840.  TAXES,  HOW  APPORTIONED.— 
Such  taxes  so  levied  shall  be  apportioned  by  the  state 
treasurer  to  the  several  institutions  herein  mentioned 
as  follows :  Thirty-three  one-hundredths  of  a  mill  to 
the  state  university  and  school  of  mines  at  Grand 
Forks ;  twenty  one-hundredths  of  a  mill  to  the  agricul- 
tural college  at  Fargo;  fifteen  one-hundredths  of  a 
mill  to  the  state  normal  school  at  Valley  City ;  thirteen 
Amount  of  mill  one-hundredths  of  a  mill  to  the  state  normal  school 
at  Mayville ;  six  one-hundredths  of  a  mill  to  the  school 
for  the  deaf  at  Devils  Lake;  two  one-hundredths  of  a 
mill  to  the  school  of  forestry  at  Bottineau ;  four  one- 
hundredths  of  a  mill  to  the  North  Dakota  academy  of 
science  at  Wahpeton;  seven  one-hundredths  of  a  mill 
to  the  industrial  school  at  Ellendale ;  provided,  that  all 
moneys  hereafter  collected  from  any  tax  heretofore 
levied  shall  be  apportioned  as  herein  provided. 

Sec.  841.  MONEYS,  HOW  APPORTIONED. 
— The  moneys  arising  from  the  taxes  hereinbefore  lev- 
ied are  hereby  appropriated  for  the  maintenance  of  the 
state  university  and  school  of  mines  at  Grand  Forks, 


STATE   OF   NORTH   DAKOTA 


55 


the  agricultural  college  at  Fargo,  the  state  normal 
school  at  A 'alley  City,  the  state  normal  school  at  May- 
ville,  the  school  for  the  deaf  and  dumb  at  Devils  Lake, 
the  school  of  forestry  at  Bottineau,  the  North  Dakota 
academy  of  science  at  Wahpeton,  and  the  industrial 
school  at  Ellendale,  the  same  to  be  paid  monthly  to 
the  board  of  trustees  of  the  several  institutions  herein 
mentioned  and  in  proportion  as  herein  provided,  upon 
vouchers  of  said  board  signed  by  their  respective  presi- 
dents, and  to  be  expended  by  the  several  boards,  in 
their  discretion,  in  the  establishment  and  maintenance 
of  said  institutions  hereinbefore  mentioned. 

Sec.  842.  FUNDS,  WHEN  PAID  OVER.— All 
moneys  received  as  interest,  and  all  moneys  received 
for  rents,  for  penalties,  for  permits,  and  all  moneys 
received  from  any  other  source  from  the  respective 
lands  of  the  different  educational  institutions  herein- 
after mentioned  (except  moneys  received  as  principal  What  funds, 
from  the  sale  of  lands  belonging  to  the  agricultural 
college,  lands  belonging  to  the  state  university  and 
school  of  mines,  lands  belonging  to  the  school  for  the 
deaf  and  dumb,  lands  belonging  to  the  two  normal 
schools,  lands  belonging  to  the  North  Dakota  academy 
of  science,  lands  belonging  to  the  industrial  school), 
shall  be  paid  over  to  the  respective  treasurers  of  the 
educational  institutions  above  mentioned,  by  the  state 
auditor  on  the  first  day  of  January,  April,  July  and 
October  in  each  year.  The  funds  herein  referred  to 
shall  be  subject  to  the  order  of  the  respective  boards 
of  trustees  of  each  institution 'hereinbefore  mentioned 
and  shall  be  used  for  the  maintenance  of  such  institu- 
tions respectively. 

FIRE  ESCAPES  FOR  SCHOOL  HOUSES. 
(Chapter  124  Session  Laws  of  /pop.) 

Sec.  1.— FIRE  ESCAPES  REQUIRED.— One  or 
more  stationary  fire  escapes,  consisting  of  stairways, 
shall  be  attached  to  the  outside  of  each  one  and  every 
story,  above  the  first  story,  of  all  school  houses  in  this  ^deed?capes  pr°' 
state  having  more  than  one  story  and  not  provided 
with  a  front  and  rear  exit  each  at  least  four  feet  six 
inches  in  width. 

Sec.  2.     DUTY  OF  SCHOOL     OFFICERS.— It 
shall  be  the  duty  of  all  persons  having  charge  of  such    Duty  school 
school  houses,  including  trustees,  boards  of  directors    officers- 
and  boards  of  education,  to  comply  with  the  provisions 


When  paid 
over. 


56 


GENERAL   SCHOOL  LAWS 


Penalty. 


Tree  planting. 


of  the  last  section  within  six  months  after  the  same 
shall  take  effect. 

Sec.  3.  PENALTY.— Any  and  all  persons  failing 
to  comply  with  the  provisions  of  sections  one  and  two 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  4.  EMERGENCY.— An  emergency  exists  in 
this,  that  a  great  many  schools  in  this  state  are  not 
provided  with  stationary  fire  escapes,  consisting  of 
stairways,  above  the  first  story  of  those  school  houses 
having  more  than  one  story,  therefore  this  act  shall  be 
in  force  and  effect  from  and  after  its  passage  and  ap- 
proval. 

IMPROVEMENTS  TO  SCHOOL  GROUNDS. 
(Chapter  201  Session  Laws  of  ipop.) 

Sec.  1.— DUTIES  OF  DISTRICT  SCHOOL 
BOARDS  AS  TO  TREE  PLANTING.— It  is  hereby 
made  the  duty  of  every  district  school  board  in  the 
state  of  North  Dakota  to  plant  trees  and  shrubs  upon 
the  grounds  of  every  school  house  in  their  district  and 
to  encourage  school  children  to  plant  such  trees  and 
shrubs  and  to  cultivate  and  protect  the  same. 

Sec.  2.  FENCES.— Where  stock  is  permitted  to 
run  at  large,  it  is  hereby  made  the  duty  of  the  district 
school  board  to  cause  to  be  .erected  about  the  grounds 
of  every  school  house  in  each  district  a  fence  sufficient 
to  protect  the  trees  and  shrubs  upon  the  school  house 
grounds  from  destruction  by  live  stock,  and  such  fence 
shall  be  provided  with  convenient  gates'  or  stiles ;  pro- 
vided, further,  that  in  the  construction  of  such  fence 
barbed  wire  shall  not  be  used. 

Sec.  3.  FUNDS  FOR  TREE  PLANTING  AND 
CULTIVATION.— The  district  school  board  is  here- 
by empowered  and  it  shall  be  its  duty  to  expend  not 
less  than  ten  dollars  annually  out  of  the  funds  of  the 
school  district  for  the  purposes  mentioned  in  the  fore- 
going sections. 

Sec.  4.  EMERGENCY. — Whereas,  an  emergency 
exists  in  that  there  is  not  at  the  present  time  any  ade- 
quate law  providing  for  the  planting  of  trees  upon 
school  grounds  and  for  the  fencing  of  such  school 
grounds,  therefore,  this  act  shall  be  in  force  and  effect 
on  and  after  its  passage  and  approval.  ' 


Fences. 


Amount  ex- 
pended annual- 
ly. 


STATE   OF   NORTH   DAKOTA 


57 


Age    when   un- 
lawful to  em- 
ploy   children. 


Must  keep  on 
file  employment 
certificate. 


CHILD  LABOR. 
(Chapter  153  Session  Laws  of  ipop."i 

Sec.  1.  UNLAWFUL  TO  EMPLOY  CHILDREN 
UNDER  FOURTEEN  YEARS.— No  child  under 
fourteen  years  of  age  shall  be  employed,  permitted  or 
suffered  to  work  in  or  in  connection  with  any  mine, 
factory,  workshop,  mercantile  establishment,  store, 
business  office,  telegraph  office,  restaurant,  hotel, 
apartment  house  or  in  the  distribution  or  transmission 
of  merchandise  or  messages.  It  shall  be  unlawful  for 
any  person,  firm  or  corporation  to  employ  any  child 
under  fourteen  years  of  age  in  any  business  or  service 
whatever,  during  any  part  of  the  term  during  which 
the  public  schools  of  the  district  in  which  the  child 
resides  are  in  session. 

Sec.  2.  EMPLOYMENT  OF  CHILD  UNDER 
SIXTEEN  YEARS.— No  child  between  fourteen  and 
sixteen  years  of  age  shall  be  employed,  permitted  or 
suffered  to  work  in  any  mine,  factory,  workshop  or 
mercantile  establishment  unless  the  person  or  corpora- 
tion employing  him  procures  and  keeps  on  file,  and  ac- 
cessible to  the  superintendent  of  schools  of  the  city  or 
village,  if  one  is  employed,  otherwise,  to  the  clerk  of 
the  school  board  or  board  of  education,  an  employ- 
ment certificate  as  hereinafter  prescribed,  and  keeps 
two  complete  lists  of  all  such  children  employed  there- 
in, one  on  file  and  one  conspicuously  posted  near  the 
principal  entrance  of  the  building  in  which  such  child 
is  employed.  On  termination  of  the  employment  of 
a  child  so  registered  and  whose  certificate  is  so  filed, 
such  certificate  shall  be  forthwith  surrendered  by  the 
employer  to  the  child  or  its  parent  or  guardian  or  cus- 
todian. The  superintendent  of  schools  or  clerk  of 
the  school  board  or  board  of  education  as  the  case  may 
be,  may  make  demand  on  an  employer  in  whose  factory 
a  child  apparently  under  the  age  of  sixteen  years  is  em- 
ployed or  permitted  or  suffered  to  work  and  whose 
employment  certificate  is  not  then  filed  as  required  by 
this  act,  that  such  employer  shall  either  furnish  him 
within  ten  days  evidence  satisfactory  to  him  that  such 
child  is  in  fact  over  sixteen  years  of  age,  or  shall  cease 
to  employ  or  permit  or  suffer  such  child  to  work  in 
such  factory.  The  superintendent  of  schools  of  the 
city  or  village  or  clerk  of  the  school  board  or  board  of 
education  may  require  from  such  employer  the  same 
evidence  of  age  of  such  child  as  is  required  on  the  issu- 


List   must   be 
posted. 


Accessible    to 
whom. 


Must  furnish 
evidence   as   to 
age ,    when. 


58 


GENERAL   SCHOOL  LAWS 


Employment 
certificate  is- 
sued by  whom. 


ance  of  an  employment  certificate;  and  the  employer 
furnishing  such  evidence  shall  not  be  required  to  fur- 
nish any  further  evidence  of  the  age  of  the  child.  In 
case  such  employer  shall  fail  to  produce  and  deliver  to 
the  superintendent  of  schools  of  the  city  or  village  or 
the  clerk  of  the  school  board  or  board  of  education,  as 
the  case  may  be,  within  ten  days  after  such  demand, 
such  evidence  of  age  herein  required  by  him  and  shall 
thereafter  continue  to  employ  such  child  or  permit  or 
suffer  such  child  to  work  in  such  factory,  proof  of  the 
giving  of  such  notice  and  of  such  failure  to  produce 
and  file  such  evidence  shall  be  prima  facie  evidence  in 
any  prosecution  brought  for  a  violation  of  this  act  that 
such  child  is  under  sixteen  years  of  age  and  is  unlaw- 
fully employed. 

Sec.  3.  WHO  AUTHORIZED  TO  ISSUE  EM- 
PLOYMENT CERTIFICATE.— The  superintendent 
of  schools  of  the  city  or  village,  if  one  is  employed,  and 
if  not,  then  the  clerk  of  the  school  board  or  board  of 
education,  is  hereby  authorized  to  issue  an  employment 
certificate 'in  writing,  such  certificate  to  be  issued  upon 
the  evidence  prescribed  in  section  four  of  this  act ; 
provided,  that  no  employment  certificate  shall  be  issued 
for  any  child  then  in  or  about  to  enter  his  own  em- 
ployment or  the  employment  of  a  firm  or  corporation 
of  which  he  is  a  member,  officer  or  employe. 

Sec.  4.  EMPLOYMENT  CERTIFICATE,  ON 
WHAT  ISSUED.— The  person  authorized  to  issue 
employment  certificate  shall  not  issue  such  certificate 
until  he  has  received,  examined,  approved,  and  filed 
the  following  papers  duly  executed : 

1.  The  school  record  of  such  child  properly  .filled 
out  and  signed  as  provided  in  this  act. 

2.  A  passport   or   duly   attested   transcript  of  the 
certificate  of  birth  or  baptism  or  other  religious  record, 
showing  the  data  and  place  of  birth  of  such  child.      A 
duly  attested  transcript  of  the   birth   certificate  filed 
according  to  law  with  a  registrar  of  vital  statistics,  or 
other  officer  charged  with  the  duty  of  recording  births, 
shall  be  conclusive  evidence  of  the  age  of  .such  child. 

'3.  The  affidavit  of  the  parent  or  guardian  or  cus- 
todian of  a  child,  which  shall  'be  required,  however, 
Qualifications  of  on]y  jn  case  such  ias£  mentioned  transcript  of  the  cer- 
tificate of  birth  be  not  produced  and  filed,  showing  the 
place  and  date  of  birth  of  such  child,  which  affidavit 
must  be  taken  before  the  officer  issuing  the  employment 


Employment 
certificates  is- 
sued on  what 
evidence. 


STATE   OF   NORTH    DAKOTA 


59 


certificate,  who  is  hereby  authorized  and  required  to 
administer  such  oath,  and  who  shall  not  demand  or  re- 
ceive a  fee  therefor.  Such  employment  certificate 
shall  not  be  issued  until  such  child  has  personally  ap- 
peared before  and  been  examined  by  the  officer  issuing 
the  certificate,  and  until  such  officer  shall,  after  making 
such  examination,  sign  and  file  in  his  office  a  statement 
that  the  child  can  read  and  legibly  write  simple  sen- 
tences in  the  English  language  and  that  in  his  opinion 
the  child  is  fourteen  years  of  age  or  upwards  and  has 
reached  the  normal  development  of  a  child  of  its  age, 
and  is  in  sound  health  and  is  physically  able  to  perform 
the  work  which  it  intends  to  do.  In  doubtful  cases 
such  physical  fitness  shall  be  determined  by  a  medical 
officer  of  the  board  or  department  of  health.  Every 
such  employment  certificate  shall  be  signed,  in  the 
presence  of  the  officer  issuing  the  same,  by  the  child 
in  whose  name  it  is  issued. 

Sec.     5.     CONTENTS     OF     CERTIFICATE.— 
Such  certificate  shall  state  the  date  and  place  of  birth 
of  the  child,  and  describe  the  color  of  the     hair  and 
eyes,  the  height  and  weight  and  any  distinguishing  fa-    Certificate  — 
cial  marks  of  such  child,  and  that  the  papers  required    what  to  contain- 
by  the  preceding   section   have  been   duly   examined, 
approved  and  filed  and  that  the  child  named  in  such 
certificate  has  appeared  before  'the  officer  signing  the 
certificate  and  been  examined. 

Sc.  G.  SCHOOL  RECORD,  WHAT  TO  CON- 
TAIN.— The  school  record  required  by  this  act  shall 
be  signed  by  the  principal  or  chief  executive  officer  of 
the  school  which  such  child  has  attended  and  shall  be 
furnished,  on  demand,  to  a  child  entitled  thereto.  It 
shall  contain  a  statement  certifying  that  the  child  has 
regularly  attended  the  public  schools  or  schools  equi- 
valent thereto  or  parochial  schools  for  not  less  than  one 
hundred  and  twenty  days  during  the  school  year  pre- 
vious to  his  arriving  at  the  age  of  fourteen  years  or 
during  the  year  previous  to  applying  for 
such  school  record  and  is  able  to  read  and 
write  simple  sentences  in  the  English  lan- 
guage and  has  received  during  such  period  instruction 
in  reading,  spelling,  writing,  English  grammar  and 
geography  and  is  familiar  with  the  fundamental  oper- 
ations of  arithmetic  up  to  and  including  fractions. 
Such  school  record  shall  also  give  the  age  and  resi- 
dence of  the  child  as  shown  on  the  records  of  the 


School   record — 
what  to  contain. 


60 


GENERAL   SCHOOL  LAWS 


Hours  of  em- 
ployment. 


school  and  the  name  of  its  parent,  guardian  or  custo- 
dian. 

Sec.  7.  HOURS  OF  LABOR.— No  persons  un- 
der the  age  of  sixteen  years  shall  be  employed  or  suf- 
fered or  permitted  to  work  at  any  gainful  occupation 
more  than  sixty  hours  in  any  one  week,  nor  more  than 
eight  hours  in  any  one  day ;  or  before  the  hour  of  sev- 
en o'clock  in  the  morning  or  after  the  hour  of  seven 
o'clock  in  the  evening.  Every  employer  shall  post  in 
a  conspicuous  place  in  every  room  where  such  minors 
are  employed  a  printed  notice  stating  the  hours  re- 
quired of  them  each  day  of  the  week,  the  hours  of 
commencing  and  stopping  work  and  the  hours  when 
the  time  or  times  allowed  for  dinner  or  for  other  meals 
begin  and  end.  The  printed  form  of  such  notice  shall 
be  furnished  by  the  superintendent  of  schools  of  the 
city  or  village,  or  the  clerk  of  the  school  board  or 
board  of  education,  and  the  employment  of  any  minor 
for  longer  times  in  any  day  so  stated  shall  be  deemed 
a  violation  of  this  section. 

Sec.  8.  PEACE  OFFICERS  TO  INSPECT 
PLACES  OF  WORK.— Peace  officers  may  visit 
mines,  factories,  workshops  and  mercantile  establish- 
ments in  their  several  towns  and  cities  and  ascertain 
whether  any  minors  are  employed  therein  contrary  to 
the  provisions  of  this  act ;  and  it  shall  'be  their  duty  to 
report  any  cases  of  such  illegal  employment  to  the 
Jrascpeescto°fn  work,  school  board  or  board  of  education.  Such  officer 
.  may  require  that  the  employment  certificates  and  lists 
provided  for  in  this  act  of  minors  employed  in  such 
factories,  mines,  workshops  or  mercantile  establish- 
ments shall  be  produced  for  their  inspection.  Com- 
plaints for  offenses  under  this  act  may  be  made  by  such 
peace  officer  or  by  any  other  person  cognizant  of  the 
facts. 

Sec.  9.  EMPLOYMENTS.— No  child  under  the 
"age  of  sixteen  years  shall  be  employed  at  sewing  belts, 
or  to  assist  in  sewing  belts,  in  any  capacity  whatever ; 
nor  shall  any  child  adjust  any  belt  to  any  machinery ; 
they  shall  not  oil  or  assist  in  oiling,  wiping  or  cleaning 
machinery ;  they  shall  not  operate  or  assist  in  operating 
circular  or  band  saws,  wood-shapers,  wood-joiners, 
planers,  sandpaper  or  wood  polishing  machinery,  em- 
ery or  polishing  wheels  used  for  polishing  metal, 
wood-turning  or  boring  machinery,  stamping  ma- 
chines in  sheet  metal  and  tinware  manufacturing, 


Employments 
prohibited. 


STATE  OF   NORTH   DAKOTA 


61 


stamping  machines  in  washer  and  nut  factories,  op- 
erating corrugating  rolls,  such  as  are  used 
in  roofing  factories,  nor  shall  they  be  em- 
ployed in  operating  any  steam  boiler,  steam 
machinery,  or  other  steam  generating  appar- 
atus, or  as  pin  boys  in  any  bowling  alleys ;  they  shall 
not  operate  or  assist  in  operating  dough  brakes,  or 
cracker  machinery  of  any  description;  wire  or  iron 
straightening  machinery;  nor  shall  they  operate  or 
assist  in  operating  rolling  mill  machinery,  punches  or 
shears,  washing,  grinding  or  mixing  mill  or  calendar 
rolls  in  rubber  manufacturing;  nor  shall  they  oper- 
ate or  assist  in  operating  laundry  machinery;  nor 
shall  children  be  employed  in  any  capacity  in  prepar- 
ing any  composition  in  which  dangerous  or  poisonous 
acids  are  used,  and  they  shall  not  be  employed  in  any 
capacity  in  the  manufacture  of  paints,  colors,  or  white 
lead;  nor  shall  they  be  employed  in  any  capacity 
whatever  in  operating  or  assisting  to  operate  any  pas- 
senger or  freight  elevator ;  nor  shall  they  be  employed 
in  any  capacity  whatever  in  the  manufacture  of  goods 
for  immoral  purposes,  or  any  other  employment  that 
may  be  considered  dangerous  to  their  lives  or  limbs, 
or  where  their  health  may  be  injured,  or  morals  de-  pioyed°  wTere 
praved;  nor  in  any  theater,  concert  hall,  or  place  of 
amusement  wherein  intoxicating  liquors  are  sold ;  nor 
shall  females  under  sixteen  years  of  age  be  employed 
in  any  capacity  where  such  employment  compels  them 
to  remain  standing  constantly. 

Sec.  10.  PENALTY  FOR  VIOLATION  OF 
THIS  ACT. — Each  owner,  superintendent,  manager 
or  overseer  of  any  mine,  factory,  workshop  or  mer- 
cantile establishment,  and  any  other  person  who  shall 
employ  any  child  contrary  to  the  provisions  of  this 
act  or  who  shall  in  any  manner  violate  the  provisions 
thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  for  each  offense 
in  a  sum  not  less  than  twenty  dollars  nor  more  than 
fifty  dollars  and  costs.  Each  person  authorized  to 
sign  a  certificate  as  prescribed  in  the  preceding  sec- 
tion who  certifies  to  any  material  false  statement 
therein  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than 
twenty  dollars  nor  more  than  fifty  dollars  and  costs. 


Not    to    be    em- 


are 


Penalty. 


62 


GENERAL   SCHOOL  LAWS 


Prosecution, 
how  brought. 


Kindergartens 
may  be  estab- 
lished. 


Sec.  11.  PROSECUTION.  HOW  BROUGHT. 
— Prosecutions  under  this  act  shall  be  brought  in  the 
name  of  the  state  of  North  Dakota  before  any  court 
of  competent  jurisdiction,  and  the  fines  collected  shall 
be  paid  over  to  the  county  treasurer  and  by  him  cred- 
ited to  the  general  fund  of  the  state. 

Sec.  12.  REPEAL.— All  acts  or  parts  of  acts  in 
conflict  with  this  act  are  hereby  repealed. 

FREE  KINDERGARTENS. 
(Chapter  103  Session  Laws  of  ipop.) 

Sec.  1.  MAY  BE  ESTABLISHED.  COST, 
HOW  PAID.  GOVERNMENT.  DUTY  OF 
SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION.— The  school  board  of  any  school  district  in 
the  state, -upon  a  petition  signed  by  a  majority  of  the 
legal  voters  in  the  district,  shall  have  the  power  to  es- 
tablish and  maintain  ffee  kindergartens  in  connection 
with  the  public  schools  of  said  district,  for  the  in- 
struction of  children  between  four  and  six  years  of 
age,  residing  in  said  district,  and  shall  establish  such 
courses  of  training,  study  and  discipline  and  such 
other  rules  and  regulations  governing  such  prepara- 
tory or  kindergarten  schools  as  said  board  may  deem 
best;  provided,  that  nothing  in  this  act  shall  be  con- 
strued to  change  the  law  relating  to  the  taking  of  the 
census  of  the  school  population  or  the  apportionment 
of  the  state  or  county  school  funds  among  the  sev- 
eral counties  and  districts  in  this  state ;  provided, 
further,  that  the  cost  of  establishing  and  maintaining 

Cost,  how  paid,  such  kindergartens  may  be  paid  from  the  school 
funds  of  said  districts,  raised  by  direct  taxation  for 
such  purpose,  and  the  said  kindergartens  shall  be  a 
part  of  the  public  school  system,  and  governed,  as  far 
as  practicable,  in  the  same  manner  and  by  the  same 
officers  as  are  provided  by  law  for  the  government  of 
the  other  public  schools  of  the  state ;  provided,  fur- 
ther that  no  person  shall  be  employed  as  a  teacher  in 

Teachers,  certi-  Sucj1  kindergarten  schools  who  has  not  passed  a  sat- 

ncate  tor.  ...,,. 

is  factory  examination  in  such  subjects  as  the  state 
superintendent  of  public  instruction  shall  require.  The 
state  superintendent  of  public  instruction  shall  adopt 
rules  governing  the  examination  of  kindergarten 
teachers,  and  shall  furnish  county  superintendents 
with  examination  questions,  and  the  examinations 
shall  be  held  in  the  manner  provided  by  law  for  the 


STATE   OF   NORTH   DAKOTA 


63 


tional  associa- 


examination  of  teachers  in  the  public  schools  ;  pro- 
vided, further,  that  any  person  who  shall  complete 
the  course  of  training  for  kindergarten  teachers  at 
the  state  normal  school  or  its  auxiliaries  shall  be  en- 
titled to  teach  in  the  kindergarten  schools  of  this  state 
withouut  examinations. 

NORTH  DAKOTA  EDUCATIONAL  ASSOCIATION. 
(Chapter  98  Session  Laws  of  ipop.) 

Sec.  1.  SUPERINTENDENTS,  PRINCIPALS. 
TEACHERS  ATTENDING  THE  NORTH  DA- 
KOTA EDUCATIONAL  ASSOCIATION'—  The 
board  of  education  in  special  or  independent  districts, 
or  the  school  district  board  in  any  common  school  dis- 
trict  is  hereby  authorized  to  allow  the  superintendent,  of  state 

,  '         ,  r1  ,,  j         •.         1 

principal  or  teachers  of  the  schools  under  its  charge 
to  attend  any  meeting  of  the  North  Dakota  educa- 
tional association  which  may  be  held  while  the  schools 
of  such  districts  are  in  session  without  loss  of  salary. 
Sec.  2.  REPEAL.—  All  acts  or  parts  of  acts  in 
conflict  with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

CERTAIN  ACTS  LEGALIZED. 
(Chapter  49  Session  Lazvs  of  ipop.) 

Sec.  1.  ACTS  LEGALIZED.—  Where  the  offi- 
cers of  any  incorporated  city,  village  or  school  dis- 
trict of  this  state  shall  have  incurred  indebtedness  and 
issued  warrants  or  orders  for  the  erection,  purchase. 
repair  or  maintenance,  within  and  for  said  city,  vil- 
lage or  school  district  for  school  or  other  buildings, 
or  waterworks,  gas  or  electric  light  plants,  public 
wells,  cisterns,  fire  apparatus,  or  legitimate  corporate  indebtedness 
purposes  for  said  city,  village  or  school  district,  or  to  declared  le«al- 
pay  for  or  to  raise  money  for  any  such  purposes,  and 
said  warrants  or  orders  are  outstanding,  or  held  in 
the  general  revenue  or  other  funds  of  said  city,  vil- 
lage or  school  district,  in  any  and  all  such  cases  where 
said  warrants  or  orders  are  within  the  debt  limit,  the 
same  are  hereby  legalized  and  are  declared  to  be  the 
valid  indebtedness  of  such  city,  village  or  school  dis- 
trict, and  in  every  such  case  where  the  city  council, 
village  board  of  trustees,  school  board  or  board  of 
education  thereof  shall  have  heretofore,  or  shall  here- 
.  after  determine  by  resolution  or  'ordinance,  having 


64 


GENERAL  SCHOOL  LAWS 


Pending  ac- 
tions not  inter- 
fered  with. 


been  thereunder  authorized  by  a  majority  vote  of  the 
qualified  electors  of  such  city,  ^  village  or  school  dis- 
Bonds  may  be  trict  voting  thereon  at  any  regular  or  special  election 
issued  when.  that  it  was  or  is  for  the  best  jnterests  of  the  city,  vil- 
lage or  school  district  to  issue  its  negotiable  bonds  in 
the  name  of  the  city,  village  or  school  district 
for  the  sole  purpose  of  funding  such  indebted- 
ness, then  in  every  such  case  suuch  bonds  whether 
engraved,  lithographed  or  printed  on  bond  paper, 
shall  when  executed,  sold  and  delivered  as  provided 
by  law  be  deemed,  and  hereby  are  declared  to  be  the 
valid  obligations  of  such  city,  village  or  school  dis- 
trict. 

Sec.  2.  PENDING  ACTIONS  NOT  AFFECT- 
ED. DEBT  LIMIT.— This  act  shall  not  affect  any 
actions  now  pending  in  which  the  validity  of  any 
such  warrants,  orders,  bonds  or  indebtedness  is  called 
in  question ;  providing,  however,  that  the  issue  of 
such  bonds  shall  not  be  construed  to  be  an  increase 
of  the  indebtedness  of  the  municipality  and  the  pro- 
ceeds of  sales  of  such  bonds  shall  be  applied  exclu- 
sively towards  the  discharge  of  the  indebtedness  of 
such  city,  village  or  school  district  referred  to  in  sec- 
tion one  of  this  act. 

Sec.  3.  EMERGENCY.— It  is  hereby  declared 
that  an  emergency  exists  and  that  this  act  shall,  there- 
fore, be  in  full  force  and  effect  from  and  after  its 
passage  and  approval. 

ARTICLE  8. — SCHOOL  FUNDS. 

Sec.  843.  STATE  TUITION  FUND,  HOW 
RAISED. — The  net  proceeds  arising  from  all  fines 
and  penalties  for  violation  of  state  laws,  from  leas- 
ing the  school  lands  and  the  interest  and  income  from 
the  state  permanent  school  fund  shall  be  collected  and 
paid  into  the  state  treasury  in  the  same  manner  as  is 
provided  by  law  for  the  collection  and  payment  of 
state  taxes,  and  shall  constitute  the  state  tuition  fund, 
which  shall  be  apportioned  among  the  several  coun- 
ties of  the  state  in  proportion  to  the  number  of  chil- 
dren of  school  age  in  each  as  shown  by  the  last  enum- 
eration authorized  by  law. 

Sec.  844.  COUNTY  TREASURER  TO  RE- 
PORT STATE  TUITION  FUND  QUARTERLY. 
SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION APPORTIONS.— It  shall  be  the  duty  of  the 
county  treasurer  to  receive  from  the  proper  officers 


State   tuition 
fund. 


Apportion- 
ment. 


Duty     of    coun- 
ty treasurer. 


STATE   OF   NORTH   DAKOTA 


65 


Duty  of  state 
auditor. 


Apportionment 
by    state    super- 
intendent. 


the  net  proceeds  of  fines,  penalties  and  forfeitures  for 
violation  of  state  laws,  and  all  moneys  arising  from 
leasing  of  school  lands  within  the  county,  and  to  for- 
ward a  detailed  statement  of  moneys  so  collected, 
specifying  the  amount  received  from  each  of  the 
above  sources,  to  the  state  auditor  at  the  same  time 
that  he  is  required  to  make  reports  of  other  moneys 
to  such  auditor.  It  shall  be  the  duty  of  the  state 
auditor  on  or  before  the  third  Monday  in  February, 
May,  August  and  November  in  each  year  to  certify 
to  the  superintendent  of  public  instruction  the  amount 
of  the  state  tuition  fund  and  the  superintendent  of 
public  instruction  shall  immediately  apportion  such 
fund  among  the  several  counties  of  the  state  in  pro- 
portion to  the  number  of  children  of  school  age  re- 
siding in  each  as  shown  by  the  last  enumeration  pro- 
vided for  by  law  and  certify  to  the  state  auditor,  state 
treasurer  and  to  the  county  treasurer  and  county  sup- 
erintendent of  each  county,  the  amount  apportioned 
to  the  respective  counties.  Immediately  upon  re- 
ceipt of  such  apportionment  from  the  state  superin- 
tendent as  herein  provided,  the  state  auditor  shall 
draw  a  warrant  upon  the  state  treasurer  for  the  full 
amount  of  the  state  tuition  fund  apportioned  to  the 
several  counties  and  shall  deliver  the  same  to  the 
state  treasurer  taking  his  receipt  therefor  and  shall 
notify  the  several  county  treasurers  of  the  amounts 
due  their  respective  counties  and  that  such  war- 
rant had  been  issued  therefor  and 'the  state  treasurer 
shall  pay  on  such  warrant  to  the  several  county 
treasurers  the  amount  due  their  respective  counties; 
provided,  however,  that  all  moneys  arising  from  in- 
terest on  the  permanent  school  fund  and  from  leas- 
ing school  lands  shall  be  apportioned  under  a  separ- 
ate item  and  such  money  shall  be  taken  account  of  as  a 
separate  item  by  all  officers  making  or  certifying  such 
apportionment,  or  through  whose  hands  any  portioh 
of  such  fund  shall  pass  and  it  is  further  made  the  duty 
of  the  district  treasurer  to  keep  such  fund  separate 
from  all  other  funds  and  if  at  the  close  of  the  school 
year  any  part  of  such  fund  which  was  apportioned 
prior  to  the  third  Monday  of  November  of  such  year 
remains  in  the  hands  of  the  district  treasurer,  he  shall 
return  the  same  to  the  county  treasurer,  taking  his 
receipt  therefor,  and  the  county  treasurer  shall  return 
all  such  funds  so  returned  or  that  were  not  drawn 
by  the  district  treasurer  from  the  county  treasury  to 

— 5— 


Warrants. 


Interest   on 
permanent 
school   fund 
kept   separate. 


66 


GENERAL   SCHOOL  LAWS 


State   institute 
fund. 


Special  fund. 


Tuition    fund — 
how   used. 


the   state  treasurer   who   shall   receipt   for  the   same, 
and   the   county   treasurer   shall   certify   to   the   state- 
auditor  the  amount  so  returned  to  the  state  treasurer. 

Sec.  845.  FUNDS  DEFINED.  HOW  USED, 
— All  money  received  by  the  school  district  from  the 
apportionment  made  by  the  superintendent  of  public 
instruction  shall  constitute  and  be  designated  the 
st?te  tuition  fund.  All  money  received  from  district 
taxes,  from  subscription,  from  sale  of  property,  or 
from  any  other  source  whatever  except  from  appor- 
tionment made  by  the  superintendent  of  public  in- 
struction, shall  be  designated  the  special  fund.  In 
addition  to  the  state  tuition  fund  and  the  special  fund, 
a  sinking  fund  may  be  established  as  provided  by  this 
article.  The  state  tuition  fund  shall  be  used  only  in 
the  payment  of  teachers'  wages ;  provided,  that  if  the 
state  tuition  apportioned  to  any  district  in  one  year  is 
insufficient  for  the  payment  of  teachers'  wages  in 
such  district  any  money  on  'hand  or  available  be- 
longing to  the  special  fund  of  such  district  may  be 
applied  to  meet  such  deficiency;  provided,  further, 
that  if  the  state  tuition  fund  apportioned  to  any  one 
district  in  any  one  year  is  more  than  sufficient  for  the 
payment  of  teachers'  wages  in  such  district  the  por- 
tion of  such  fund  in  excess  .of  the  amount  so  required 
may  be v  applied  to  the  payment  of  warrants  drawn 
upon  the  special  fund  of  such  district,  if  such  district 
has  school  the  required  number  of  months  during  such 
year  as  required  by  law. 

Sec.  846.  FUNDS  CONTROLLED  AND  PAID 
OUT  BY  DISTRICT  TREASURER.— All  funds 
shall  be  kept  in  the  possession  or  under  the  control 
of  and  paid  out  by  the  district  treasurer  except  as 
otherwise  provided  in  this  chapter,  and  he  shall  keep 
one  general  account  for  each  district  of  the  entire  re- 
ceipts and  expenditures,  and  separate  itemized  ac- 
counts as  herein  provided  for  each  class  of  receipts 
and  expenditures.  His  books  shall  at  all  times  show 
by  entries  under  proper  heads  all  receipts  of  funds 
and  payments  made  therefrom,  so  as  to  enable  any 
person  readily  to  ascertain  any  balance  in  account  of 
any  fund. 

Sec.  847.  NOT  ENTITLED  TO  TUITION 
FUND.  WHEN.  ENUMERATION.— No  school 
district  shall  be  entitled  to  receive  any  portion  of  the 
state  tuition  fund  that  fails  to  make  a  report  of  the 


Excess. 


Funds   con- 
trolled by  treas- 
urer. 


Books — how 
kept. 


No  tuition  fund 
without  enu- 
meration. 


STATE   OF   NORTH   DAKOTA 


67 


Bond  and  oath 


enumeration  of  the  children  of  school  age  in  the  man- 
ner provided  by  law,  nor  until  such  enumeration  has 
been  taken  and  reported  as  required  by  law.  The 
county  superintendent  of  schools  shall  not  authorize 
the  payment  of  money  apportioned  to  any  district  un- 
less the  bond  and  oath  of  such  treasurer  has  been  duly 
approved  and  filed,  as  provided  for  by  section  817  ; 
provided,  also,  that  the  county  superintendent  is  em- 
powered to  withhold  the  payment  of  state  and  county 
tuition  from  any  district  whose  clerk  and  treasurer 
have  failed  to  make  the  reports  provided  for  in  sec- 
tion 835.  New  districts  organized  after  the  annual 
enumeration  has  been  taken  shall  proceed  immediate- 
ly to  take  the  enumeration  as  provided  by  law,  and  of  treasurer 
after  the  receipt  of  such  enumeration  by  the  superin- 
tendent of  public  instruction  through  the  county 
superintendent,  the  newly  organized  district  shall  re- 
ceive its  proportionate  share  of  the  funds  to  be  appor- 
tioned; provided,  further,  that  the  county  superin- 
tendent shall  have  the  right  to  withhold  the  appor- 
tionment of  the.  county  and  state  tuition  fund  from 
any  school  district  other  than  the  new  districts  here- 
in provided  for,  which  has  not  maintained  school 
therein  for  a  period  of  not  less  than  six  school  months 
in  each  school  of  said  district  in  the  school  year  pre- 
ceding such  apportionment  or  has  not  otherwise  pro- 
vided school  facilities  for  the  pupils  of  that  district; 
provided,  further,  that  it  shall  be  mandatory  upon 
the  county  superintendent  to  withhold  the  apportion- 
ment of  state  and  county  tuition  funds  from  any  dis- 
trict which  has  not  maintained  school  for  a  period  of 
at  least  four  months  in  each  school  in  said  district  or 
otherwise  provided  school  facilities  for  the  pupils  of 
that  district  for  the  school  vear  preceding-  such  appor-  County  superin- 

1  .  tendent    must 

tionment ;  and  when  such  apportionment  of  state  and 
county  tuition  funds  shall  be  withheld  by  the  county 
superintendent  from  any  district,  they  shall  revert  to 
the  funds  from  which  they  were  originally  appor- 
tioned. 


New  districts. 


withhold    fund? 
— when. 


Sec.  848.  (Amended.)  APPORTIONMENT 
OF  STATE  TUITION  FUNDS  BY  COUNTY 
SUPERINTENDENT.— Within  thirty  days  and 
not  less  than  twenty  days  after  receiving  the  certifi-  County  superin- 
cate  of  apportionment  from  the  superintendent  of 
public  instruction  and  the  certificate  from  the  county 


tendent     to    ap- 
portion    funds. 


68 


GENERAL  SCHOOL  LAWS 


trkt  treasurers" 


auditor  as  provided  for  in  section  855  of  this  chap- 
ter, the  county  superintendent  shall  apportion  separ- 
ately to  the  several  school  districts,  special  districts, 
independent  districts,  and  districts  organized  under 
special  laws  which  are  entitled  to  any  portion  of  the 
state  tuition  and  special  funds  within  the  county,  in 
proportion  to  the  number  of  children  residing  in  each 
district  over  six  and  under  twenty  years  of  age,  ex- 
cluding all  married  persons,  as  appears  from  the  last 
enumeration  authorized  by  law,  upon  which  the  sup- 
erintendent of  public  instruction  made  the  appor- 
tionment to  the  several  counties,  and  he  shall  immed- 
iately notify  each  district  treasurer  of  the  amount  of 
tuition  fund  in  the  county  treasury,  due  each  district, 
and  shall  certify  to  the  county  treasurer  and  to  the 
county  auditor  the  amount  due  each  school  district. 
The  county  treasurer  shall  deliver  to  the  several  dis- 
trict treasurers  upon  the  order  of  the  county  auditor 
the  amounts  apportioned  to  their  respective  districts, 
taking  a  receipt  therefor. 

Sec.  849.  SPECIAL  AND  INDEPENDENT 
DISTRICTS  AND  DISTRICTS  ORGANIZED 
UNDER  SPECIAL  LAWS  ENTITLED  TO  TUI- 
TION  FUNDS.  —  Special  and  independent  school 
districts  and  districts  organized  under  special  laws 
shall  be  entitled  to  receive  their  proportion  of  the 
state  and  special  tuition  funds  ;  provided,  that  the 
clerk  or  secretary  of  the  board  of  education  thereof 
shall  make  a  report  to  the  county  superintendent  of 
the  enumeration  of  children  of  school  age  therein  at 
the  time  and  in  the  manner  prescribed  in  this  chapter. 

Sec.  850.  TREASURER'S  ACCOUNTS.  AN- 
NUAL SETTLEMENT.—  The  district  treasurer 

S^a^        °Pen       neW      accounts       with       each        fund       at 

the  beginning  of  each  school  year,  and  the 
balance  of  each  fund  shall  be  brought  down  and  be- 
come a  part  of  the  first  entry  in  opening  the  account 
for  the  new  year.  On  the  second  Tuesday  in  July 
the  school  board  shall  make  settlement  with  the  dis- 
trict treasurer,  and  shall  carefully  examine  his  books, 
accounts  and  vouchers  and  shall  ascertain  if  the 
amount  of  all  warrants,  bonds  and  coupons  paid  and 
redeemed  or  paid  in  part,  together  with  the  cash  in 
his  hands  or  under  his  control,  is  equal  to  the  amount 
of  cash  on  hand  at  the  beginning  of  the  school  year. 
together  with  all  money  received  by  him  from  all 


pendent  dis- 


Conditions. 


Treasurer's    ac- 

counts—  how 


Settlement— 


STATE  OF   NORTH   DAKOTA 


69 


sources  for  school  purposes  during  the  year.  The 
district  treasurer  shall  deliver  to  the  board  at  such 
annual  meeting  all  warrants,  bonds  and  coupons  paid  Report  in 
and  redeemed  by  him  during  the  school  year  and  held  triPlicate- 
by  him  as  vouchers,  taking  the  receipt  of  the  board 
therefor,  and  such  vouchers  shall  forthiwth  be  filed 
with  the  district  clerk.  He  shall  at  that  meeting 
make  his  annual  report  in  triplicate,  one  copy  to  be 
preserved  in  the  treasurer's  office,  one  to  be  filed  with 
the  clerk  of  the  school  board  and  one  to  be  transmit- 
ted to  the  county  superintendent  of  schools,  and  the 
board  shall  cause  to  be  published  an  itemized  state- 
ment of  the  receipts  and  expenditures  of  the  preced- 
ing year  in  a  newspaper  of  the  county  nearest  said 
school  district;  provided,  that  if  said  board  or  treas- 
urer shall  have  failed  to  publish  sai'd  statement  by 
the  first  of  September  following  the  presentation  of 
the  treasurer's  annual  report,  then  it  shall  be  the  duty 
of  the  county  superintendent  of  schools  to  cause  the 
publication  of  the  same  in  a  newspaper  of  the  county, 
said  publication  to  be  paid  for  by  the  school  district. 
The  treasurer's  reports  shall  show  the  following: 

RECEIPTS. 

The  balance  at  the  close  of  the  year. 
The  amount  received  into  the  state  tuition  fund. 
The  amount  received  into  the  state  special  fund. 
The  amount  received  into  the  sinking  fund. 

EXPENDITURES. 


Form. 


The  amount  paid  for  school  houses,  sites  and  fur- 
niture. 

The  amount  paid  for  apparatus  and  fixtures. 

The  amount  paid  for  teachers'  wages. 

The  amount     paid  for  services     and  expenses     of 
school  officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may 
be  required  by  the  district  board,  or  the  superintend'-    other  items, 
ent  of  public  instruction,  and  shall  be  upon  and     in 
conformity  with  the  blanks    furnished   him   for  that 
purpose.     (See  Appendix  B. — Sec.  JO/.) 


70 


GENERAL  SCHOOL  LAWS 


Funds  payable 
to  treasurer — 
when. 


Notice    to 
clerk. 


Sec.  851.  WHEN  COUNTY  TREASURER  TO 
PAY  FUNDS  TO  DISTRICT  TREASURER.- 
The  treasurer  of  each  district  shall  apply  to  the 
county  auditor  for  an  order,  and  the  county  treasurer 
shall  pay  over  to  him  on  such  order  all  of  the  school 
money  collected  for  such  district  and  all  school 
money  apportioned  to  such  district  by  the  county 
superintendent  and  the  county  auditor  shall  issue  such 
order ;  provided,  such  district  treasurer  has  quali- 
fied and  filed  his  oath  and  'bond  as  provided  by  law. 
It  shall  be  the  duty  of  the  county  treasurer,  when 
payment  is  made  to  any  school  treasurer  of  any 
funds  herein  provided  for,  immediately  to  notify  the 
clerk  of  the  school  board  of  the  payment  of  the  same. 

Sec.  852.  COUNTY  TREASURER  TO  KEEP 
ACCOUNTS  WITH  SCHOOL  CORPORA- 
TIONS.— Each  county  treasurer  shall  keep  a  regu- 
lar account  with  each  school  corporation,  in  which 
he  shall  charge  himself  with  all  taxes  collected  by 
levy  of  the  district  school  board  and  all  sums  appor- 
tioned to  the  district  by  the  county  superintendent  or 
other  authority  and  all  sums  received  from  the  dis- 
trict, and  he  shall  credit  himself  with  all  payments 
made  to  the  treasurer  of  the  district,  distinguishing 
between  the  items  paid  by  apportionment,  those  from 
county  taxes  and  those  from  other  sources.  He 
shall  also  credit  himself  with  all  payments  for  re- 
demption or  indorsement  of  warrants  in  the  collec- 
tion of  taxes  and  shall  deliver  to  the  district  treasurer 
a  duplicate  tax  receipt  for  the  amount  of  each  war- 
rant so  indorsed  or  redeemed  together  with  all  war- 
rants so  redeemed  at  the  time  of  making  other  regu- 
lar payments  to  the  district  treasurer.  To  these  cred- 
its^ to  balance  the  accounts,  he  shall  add  all  items  for 
legal  fees,  for  collection  and  other  duties. 

Sec.  853.  SCHOOL  TAXES,  HOW  AND 
WHEN  COLLECTED.— It  shall  be  the  duty  of  the 
county  treasurer  to  collect  the  taxes  for  school  pur- 
poses at  the  same  time  and  in  the  same  manner  that 
the  county  and  states  taxes  are  collected,  and  full 
power  is  hereby, given  him  to  sell  property  for  school 
taxes  the  same  as  is  provided  by  law  for  the  collec- 
tion of  other  taxes.  Whenever  an  error  occurs  in 
any  school  corporation's  tax  list  the  district  school 
board  or  board  of  education  in  special  or  independent 
districts  or  districts  organized  under  special  laws 


County  treas- 
urer's ac- 
counts with 
school    dis- 
tricts. 


Taxes  to  be 
collected  by 
county  treas- 
urer. 


STATE   OF   NORTH   DAKOTA 


71 


may  correct  such  errors  and   refund  such  taxes  im- 
properly collected.     All  penalties  and  interest  collect-    Refund  of 
ed  on  delinquent  school  taxes  shall  be  applied  to  the 
proper  fund  to  which  such  delinquent  taxes  belong. 

ARTICLE  9. — TAXES.  ' 

Sec.  854.  SCHOOL  BOARD  TO  LEVY  TAX. 
— Each  district  school  board  shall  have  power  and  it 
shall  be  its  duty  to  levy  upon  all  property  subject  to  Tax  levy_ 
taxation  in  the  district  a  tax  for  school  purposes  of  when  and  how 
all  kinds  authorized  by  law,  not  exceeding  in  the  ag- 
gregate a  rate  of  thirty  mills  on  the  dollar  in  any  one 
year.  Such  tax  shall  be  levied  by  resolution  of  the 
board  prior  to  the  twentieth  day  of  July  in  each  year, 
which  resolution  shall  be  entered  in  the  records  of  the 
proceedings  of  the  board.  The  clerk  shall  immed- 
iately thereafter  notify  the  county  auditor  in  writing 
of  the  amount  of  tax  so  levied,  and  such  notice  shall 
be  in  substantially  the  following  form : 

State  of  North  Dakota.  } 

County  qf.    >  *s. 

School  District   j 

To   

County  Auditor   of    County. 

Sir: 

You  are  hereby  notified  that  the  school  board  of 

school  district has  levied  a  tax  of 

dollars  upon  all  real  and  personal  property  in  said 
school  district  for  school  purposes.  You  will  duly 
enter  and  extend  such  tax  upon  the  county  tax  list  for 
collection  upon  the  taxable  property  of  such  school 
district  for  the  current  year. 

Dated  at this day  of 190 .. 


Notice   to 
county    auditor. 


District  Clerk. 

The  notice  of  a  tax  to  pay  any  judgment  against  the 
district  shall  be  in  addition  to  the  regular  tax  and 
shall  be  certified  to  the  county  auditor  under  the  same 
general  form,  as  near  as  may  be ;  provided,  that  if  the 
boundaries  of  such  district  shall  embrace  a  portion  of 
two  counties  then  the  clerk  of  such  district  shall  certi- 
fy to  the  county  auditor  of  the  county  in  which  is  Levy  to  pay 
located  the  original  district  to  which  such  portion  of  -Judgment- 
the  district  embraced  in  the  other  county  is  attached 
in  addition  to  the  taxjevy  above  mentioned,  a  list  and 
valuation  of  all  property  subject  to  taxation  in  such 


72 


GENERAL   SCHOOL  LAWS 


Poll  tax. 


County    tuition 
fund. 


portion  of  such  district  embraced  in  the  other  county, 
as  shown  by  the  assessor  making  the  assessment  in 
such  county,  township  or  assessor's  district,  and  the 
auditor  shall  enter  such  property  upon  the  tax  dupli- 
cate of  his  county  and  levy  all  school  taxes  upon  the 
same,  and  the  county  treasurer  of  the  county  shall 
collect  the  taxes  levied  thereon  the  same  as  other  tax- 
es are  collected  and  pay  the  same  over  to  the  treasur- 
er of  the  district  entitled  thereto.  (See  Appendix 
C.-V.) 

Sec.  855.  TAX,  HOW  LEVIED,  HOW  APPOR- 
TIONED. APPORTIONMENT  OF  DELIN- 
QUENT TAXES.— 1.  The  county  auditor  of  each 
county  shall  at  the  time  of  making  the  annual  assess- 
ment and  levy  of  taxes  levy  a  tax  of  one  dollar  on 
each  elector  in  the  county  for  the  support  of  common 
schools,  and  a  further  tax  of  two  mills  on  the  dollar 
on  all  taxable  property  in  the  county,  to  ''be  collected 
at  the  same  time  and  in  the  same  manner  as  other 
taxes  are  collected,  which  shall  be  apportioned  by  the 
county  superintendent  of  schools  among  tiie  school 
districts  of  the  county.  • 

2.  It  shall  be  the  duty  of  the  county  auditor  on  or 
before  the  third  Monday  in  February,  May,  August 
and  November  in  each  year,  to  certify  to  the  county 
superintendent  of  schools  the  amount  of  such  county 
tuition    fund,    which   the   county    superintendent      of 
schools  shall  apportion  among  the  several  school  dis- 
tricts in  the  same  form  and  manner  as  provided  for 
the  apportionment  of  the   state  tuition   fund.       The 
county  superintendent  shall  file  with  the  county  audi- 
tor and  the  county  treasurer     a  certified     statement 
showing  the  amount  apportioned  to  each  district. 

3.  It  shall  also  be  the  duty  of  the  county  auditor 
to  certify  at  the  time  herein  specified  the  amount  of 
delinquent  taxes  collected  for  the  special  tuition  fund 
prior  to  those  levied  for  the  year  1899  which  amounts 
shall  be  apportioned  by  the  county  superintendent  of 
schools  as  herein  provided ;  and  the  county  treasurer 
shall  pay  such  amounts  to  the  district  treasurers  the 
same  as  other  special  funds  are  paid. 

Sec.  856.  MAXIMUM  LEVY  FOR  FINAL 
JUDGMENT.  TAXES  TO  BE  UNIFORM.— 
When  any  final  judgment  shall  be  obtained  against  a 
school  district  the  board  thereof  shall  levy  a  tax  upon 
the  taxable  property  of  such  district  not  exceeding 


Apportioned 
how. 


Delinquent 
taxes. 


Levy  to  pay 
judgment. 


STATE   OF   NORTH   DAKOTA 


73 


Taxes  to   be 

uniform. 


Assessor    to 
furnish    state- 
ment  of   valua- 
tion. 


in  amount  twenty  mills  on  the  dollar  in  any  one  year, 
which  shall  be  used  in  the  payment  thereof.  The 
county  auditor  shall  make  out,  charge  and  extend  up- 
on the  tax  list  against  each  description  of  real  prop- 
erty and  against  all  personal  property,  and  upon  all 
taxable  property  of  the  district,  all  such  taxes  for 
schools  and  judgments  he  is  so  notified  has  been  lev- 
ied by  the  district  in  which  the  property  is  situated 
and  taxable,  in  the  same  manner  in  which  the  county 
and  state  tax  list  is  prepared,  and  deliver  it  to  the 
county  treasurer  at  the  same  time.  All  taxes  for 
school  purposes  shall  be  uniform  upon  the  property 
within  each  school  district. 

Sec.  857.  STATEMENT  OF  ASSESSED  VAL- 
UATION.—Each  assessor  shall  on  or  before  the  first 
day  of  July  in  each  year  furnish  to  the  clerk  of  the 
school  district,  to  the  county  superintendent  of 
schools  and  to  the  county  auditor  a  statement  of  the 
assessed  valuation  of  all  the  property  in  such  corpor- 
ation subject  to  taxation. 

Sec.  858.  INDEBTEDNESS  OF  DISTRICT, 
HOW  ADJUSTED  WHEN  NO  LEGAL  SCHOOL 
BOARD  EXISTS.— If  any  school  district  in  the  state 
has  for  one  or  more  years  past,  either  through  fail- 
ure to  elect  a  school  board  or  through  failure  of  the 
county  superintendent  to  appoint  a  school  board,  been 
without  a  legal  school  board  or  if  hereafter  any 
school  district  through  such  failure  to  elect  or  ap- 
point such  school  board  shall  be  without  such  legal 
school  board  and  such  district  shall  have  an  author- 
ized indebtedness  either  in  bonds,  interest  due  on 
bonds,  or  otherwise,  it  shall  be  the  duty  of  the  county 
superintendent,  the  county  treasurer  and  county  aud'- 
itor,  acting  as  a  board  of  adjusters,  to  assess  upon  the 
taxable  property  of  such  school  corporation  a  tax  not 
to  exceed  twenty  mills  on  the  dollar  in  any  one  year 
upon  the  assessed  valuation  thereof  for  the  payment 
of  the  same.  '  Which  tax  so  levied  shall  be  extended 
upon  the  tax  lists  by  the  county  auditor  and  be  col- 
lected by  the  county  treasurer  as  other  taxes  are  col- 
lected and  shall  be  applied  upon  and  used  for  the  pay- 
ment of  such  indebtedness,  and  shall  be  paid  to  the 
creditors  of  such  district  upon  the  warrant  of  the 
county  auditor  countersigned  by  the  county 
superintendent,  and  all  warrants,  bonds,  inter- 
est- coupons,  receipted  bills  or  accounts  shall  be  filed 


Taxes ,    how 
levied   in   dis- 
tricts   having 
no  school 
board. 


Creditors   of 
such    district — 
how    paid. 


GENERAL   SCHOOL  LAWS 


in  the  office  of  the  county  auditor  and  in  the  case  such 
school  corporation  has  a  bonded  indebtedness,  it  shall 
be  the  duty  of  such  board  of  adjusters  to  levy  a  tax 
upon  the  property  of  such  district  sufficient  to  create 
a  sinking  fund  for  the  redemption  of  such  bonds  upon 
the  maturity  of  the  same,  such  sinking  fund  to  be  lev- 
ied and  provided  for  in  compliance  with  the  require- 
ments of  such  bonds. 

;  ARTICLE  10. — VACANCIES. 


State    superin- 
tendent. 


Vacancy,     how 
filled. 


County    super- 
intendent. 


Sec.  859.  VACANCY  IN  OFFICE  SUPERIN- 
TENDENT PUBLIC  INSTRUCTION  FILLED 
BY  APPOINTMENT.— Should  a  vacancy  occur  in 
the  office  of  the  superintendent  of  public  instruction, 
the  governor  shall  have  power  and  it  shall  be  his  duty 
to  fill  such  vacancy  by  appointment,  which  appoint- 
ment shall  be  valid  until  the  next  general  election  and 
until  his  successor  is  elected  and  qualified. 

Sec.  860.  VACANCY  IN  OFFICE  OF  COUN- 
TY SUPERINTENDENT.— Should  a  vacancy  oc- 
cur in  the  office  of  county  superintendent  of  schools, 
the  board  of  county  commissioners  of  such  county 
shall  have  power  and  it  shall  be  their  duty  to  fill  such 
vacancy  by  appointment,  as  provided  by  law,  which 
appointment  shall  be  valid  until  the  next  general 
filled!107'  h°w  election.  The  county  auditor  shall  immediately  noti- 
fy the  superintendent  of  public  instruction  of  such  ap- 
pointment. 

Sec.  861.  VACANCY  IN  OFFICE  OF  DIREC- 
TOR OR  TREASURER,  HOW  FILLED.— When 
any  vacancy  occurs  in  the  office  of  director  or  treas- 
urer of  a  school  district  by  death,  resignation,  remov- 
al from  the  district,  or  otherwise,  the  fact  of  such  va- 
District  officers  cancy  shall  be  immediately  certified  to  the  county 
h°w  sllPermtendent  by  the  clerk  of  the  district,  and  such 
superintendent  shall  immediately  appoint  in  writing 
some  competent  person  who  shall  qualify  and  se.rve 
until  the  next  annual  school  election.  The  county 
superintendent  shall  at  the  same  time  notify  the  clerk 
of  the  school  district  and  the  county  auditor  of  every 
such  appointment. 

Sec.  862.  VACANCY  IN  OFFICE  OF  CLERK, 
HOW  FILLED.— Should  the  office  of  clerk  of  a 

School    clerk —  ,. 

vacancy,  how      school  district  become  vacant,  the  school  board  shall 
immediately  fill  such  vacancy  by  appointment  and  the 


STATE  OF  NORTH   DAKOTA 


75 


president  of  the  board  shall  immediately  notify  the 
county  superintendent  and  the  county  auditor  of  such 
appointment. 

Sec.  863.  OFFICE,  WHEN  DEEMED  VA- 
CANT.—Any  office  of  a  school  district  shall 
become  vacant  by  resignation  of  the  incumbent  there-  vacancy— 
of,  but  such  resignation  shall  not  take  effect  until  a  when- 
successor  has  qualified  according  to  law.  Any  office 
of  a  school  district  shall  be  deemed  vacant  if  the  per- 
son duly  elected  thereto  shall  neglect  or  refuse  for  the 
period  of  two  weeks  after  the  beginning  of  the  term 
for  which  he  was  elected,  to  accept  and  qualify  for 
such  office  and  serve  therein.  Any  school  officer 
may  be  removed  from  office  by  a  court  of  compentent 
jurisdiction,  as  provided  by  law.  (See  Appendix 
D,  Note  j.) 

ARTICLE  11. — EQUALIZATION  OF  INDEBTEDNESS. 

Sec.  864.  EQUALIZATION  OF  INDEBTED- 
NESS BY  ARBITRATION.— After  the  boundaries 
of  a  school  district  have  been  established  as  provided 
for  in  this  chapter  all  school  districts  or  parts  of 
school  districts  that  existed  as  school  corporations,  or 
as  parts  thereof  before  the  taking  effect  of  this  code  Equalization 
and  that  are  now  included  in  one  school  district  shall  of  property, 
effect  an  equalization  of  property,  funds  on  hand  and  debts!  ai 
debts,  or  whenever  the  boundaries  of  two  or  more  dis- 
tricts are  re-arranged,  all  districts  affected  by  such 
change  shall  effect  an  equalization  of  property,  funds 
on  'hand  and  debts.  To  effect  this  each  school  board 
of  such  corporation  constituting  a  school  district  un- 
der the  operation  of  this  chapter,  shall  select  one  ar- 
bitrator, and  the  several  arbitrators  so .  selected,  to- 
gether with  the  county  superintendent  shall  constitute 
a  board  of  arbitration  to  effect  such  equalization.  If 
in  any  case  the  number  of  arbitrators,  including  the  Arbitrators 
county  superintendent,  shall  be  an  even  number,  the 
county  treasurer  shall  be  included  and  be  a  member 
of  such  board.  The  county  superintendent  shall  fix 
the  time  and  place  of  such  meeting. 

Sec.  865.     TAX  TO     EQUALIZE     AND     PAY 
PREVIOUS  DEBTS.— Such  board  shall  take  an  ac- 
count of  the  assets,  funds  on  hand,  the  debts  proper-    Tax  ]ey    fo 
ly  and  justly  belonging  to  or  chargeable  to  each  cor-    equalize, 
poration   or  part  of  a   corporation   affected  by   such 
change,  and  levy  such  a  tax  against  each  as  will  in 


76 


GENERAL   SCHOOL  LAWS 


per  year. 


its  judgment  justly  and  fairly  equalize  their  several 
interests. 

Sec.  866,  MAXIMUM  ANNUAL  TAX  LEVY 
FOR  SUCH  PURPOSES.— When  the  amounts  to 
be  levied  upon  the  several  corporations  or  parts  of 
corporations  mentioned  in  the  preceding  section  shall 
'be  fixed,  a  list  thereof  shall  be  made  wherein  the 
amount  shall  be  set  down  opposite  each  corporation. 
The  whole  shall  be  stated  substantially  in  the  form 
herein  required  for  certifying  school  taxes  and  ad- 
dressed to  the  county  auditor,  and  shall  be  signed  by 
Levy  15  mills  a  majority  of  such  board  of  arbitration ;  such  levy 
shall  be  deemed  legal  and  valid  upon  the  taxable  pro- 
perty of  each  corporation;  provided,  however,  that 
not  more  than  fifteen  mills  thereof  shall  be  extended 
against  such  taxable  property  in  any  'one  year,  and 
such  a  levy  not  exceeding  fifteen  mills  on  the  dollar 
shall  be  extended  as  in  this  section  provided  from 
year  to  year,  until  the  whole  amount  shall  be  so  lev- 
ied. The  county  auditor  shall  preserve  such  levies 
and  shall  extend  the  several  rates  from  year  to  year, 
as  above  required  by  law  for  district  taxes  and  the 
taxes  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  other  taxes  are  collected. 

Sec.  867.  PROCEEDS  TO  BE  TURNED  OVER 
TO   THE   RESPECTIVE   DISTRICTS.— Opposite 
the  several  descriptions   of  property  on   the   tax  list 
shall  be  entered  the  school  districts  within  which  it 
lies,   and   all  the  proceeds   of   these  equalizing  taxes 
paid  stoadisbtrict    sha11  be  collected  and  paid  over  to  the  treasurer  of  the 
treasurer.  proper  school  district  within  which  the  property  is  sit- 

uated. The  proceeds  of  taxes  upon  parts  of  districts 
lying  outside  of  the  districts  as  at  present  constituted 
with  which  they  were  equalized  shall  be  paid  to  the 
treasurer  of  the  school  district  within  which  the  pro- 
perty is  situated,  the  same  as  hereinbefore  provided 
for  regular  taxes. 

Sec.  868.  MAXIMUM  TAX  LEVY  FOR  ALL 
SCHOOL  PURPOSES.— The  taxes  levied  for  pur- 
poses of  equalization  shall  be,  in  addition  to  all  other 
taxes  for  school  purposes ;  provided,  that  all  taxes 
for  school  purposes,  including  such  taxes  for  equali- 
zation, shall  not  exceed  thirty  mills  on  the  dollar  in 
any  one  year.  The  provisions  of  this  article  shall 
apply  to  and  govern  all  school  districts  and  parts  of 
school  districts  hereafter  divided  or  consolidated  with 


Tax  levy  not 
to  exceed  30 
mills. 


STATE  OF  NORTH   DAKOTA  77 

each  other,  or  with  other  districts  in  the  division  unit- 
ing for  apportionment  of  their  debts  and  liabilities  or 
property  and  assets. 

ARTICLE  12. — EXAMINATIONS  AND  CERTIFICATES. 

Sec.  869.  (Amended.)  EXAMINATIONS  FOR 
TEACHERS'  CERTIFICATES.— The  superintend- 
ent of  public  instruction  shall  prepare  or  cause  to  be 
be  prepared  all  questions  for  the  examination  of  appli- 
cants for  teachers'  certificates,  both  county  and  state 
and  shall  prescribe  rules  for  the  conduct  of  all  such 
examinations.  He  shall  examine,  mark  and  file,  or  Teacher's  ex- 

.        ,  ,      ,          1   01     1       11  animations. 

cause  to  be  examined,  marked  and  filed,  all  answer  pa- 
pers submitted  by  candidates  for  first,  second  and 
third  grade  county  certificates,  which  answer  papers 
shall  be  forwarded  by  the  county  superintendent  im- 
mediately after  the  close  of  each  examination  to  the 
superintendent  of  public  instruction.  He  may  appoint 
such  clerical  assistants  as  he  may  deem  necessary,  but 
the  expenditures  therefor  shall  not  exceed  in  the  ag- 
gregate the  sum  annually  collected  from  applicants 
for  county  certificates  for  this  purpose. 

Sec.  870.  (Amended.)  LIFE  PROFESSION- 
AL CERTIFICATE,  WHO  ENTITLED.— He  may 
issue  a  state  certificate,  to  be  valid  for  life,  unless  it 
lapse  or  be  revoked,  to  be  known  as  a  life  professional  professionai 
certificate.  Such  certificate  shall  be  issued' only  to 
persons  of  good  moral  character  who  pass  a  thorough 
examination  in  all  the  branches  included  in  the  course 
of  study  prescribed  for  the  common  and  high  schools 
of  the  state,  including  pedagogics  and  such  other 
branches  as  the  superintendent  of  public  instruction 
may  direct,  and  to  persons  who  have  received  degrees 
in  liberal  arts,  granted  by  any  college  or  university  of 
recognized  standing.  Such  certificate  shall  in  no  case 
be  granted  unless  the  applicant  has  had  an  experience 
as  a  teacher  of  at  least  five  years ;  provided,  that  any  Five  years'  ex- 
person,  who  is  a  graduate  of  the  normal  college  of  the  Penence- 
university  of  North  Dakota  or  of  the  state  normal 
schools  of  North  Dakota,  and  has  had  three  years' 

f    *  .  r  1         .  Normal   grad- 

successful  experience  after  graduation,  may  be  grant-  uates. 
ed  such  certificate  without  further  examination ;  pro- 
vided, further,  that  if  the  holder  of  a  professional  cer- 
tificate shall  at  any  time  cease  to  teach  or  be  engaged 
in  other  educational  work  for  a  period  of  five  years, 
such  certificate  shall  lapse  and  the  lapse,  with  date  and 


78 


GENERAL   SCHOOL  LAWS 


cause  shall  be  made  a  matter  of  record  in  the  office  of 
Certificates          the  state  superintendent  of  public  instruction.       Such 

lapse— when.  ,.-.  if          • 

certificate,  however,  may  be  reinstated  under  such 
rules  as  may  be  prescribed  by  the  superintendent  of 
public  instruction. 

Sec.  871.  (Amended.)  STATE  CERTIFI- 
CATES. FIRST  AND  SECOND  CLASS.  SPE- 
CIAL. WHO  ENTITLED.— 1.  He  may  issue  a 
state  certificate  to  be  valid  for  the  term  of  five  years 
unless  sooner  revoked,  to  be  known  as  a  state  certifi- 
cate of  the  first  class.  Such  certificate  shall  be  issued 
cat*?,  first-class.  only  to  persons  of  good  moral  character  who  have 
completed  the  prescribed  curriculum  of  study  in  the 
teachers'  college  of  the  state  university,  or  in  one  of 
the  normal  schools  of  the  state,  or  in  a  normal  school 
elsewhere,  having  a  reputation  for  thoroughness,  or 
to  those  persons  who  have  degrees  in  liberal  arts, 
granted  by  any  college  or  university  of  recognized 
standing,  but  the  superintendent  of  public  instruction 
may  examine  any  such  applicant  in  his  discretion. 
Such  certificate  shall  not  be  granted  unless  the  appli- 
cant shall  have  taught  school  successfully  for  at  least 
eighteen  months  after  graduation. 

2.  He  may  issue  a  state  certificate,  to  be  valid  for 
a  term  of  three  years,  unless  sooner  revoked,  to  be 
known  as  a  state  certificate  of  the  second  class.  Such 
certificate  shall  be  issued  only  to  persons  of  good  mor- 
al character  who  have  completed  the  prescribed  curri- 
culum of  study -in  any  reputable  normal  school,  or  who 
have  received  degrees  in  liberal  arts  from  a  college  or 
university  of  good  standing  in  this   state,  and  have 
made  at  least  one  year's  study  in  pedagogics,  such  as 
shall  be  prescribed  by  the  superintendent  of  public  in- 
struction, but  the  superintendent  of  public  instruction 
may  examine  any  such  applicant  in  his  discretion. 

3.  Any  person  who  is  a  graduate  of  the  teachers' 
college  of  the  university  of  North  Dakota,  or  of  one 
of  .the  normal  schools  of  North  Dakota,  and  who  has 
had  nine  months'  successful  experience  as  a  teacher 
after  graduation,   may  be  granted   a  state   certificate 
of  the  first  class ;  provided,  that  a  diploma  from  the 

rated  as  teachers'  college  of  the  university  of  North  Dakota  or 
certificates.          Qf  ejther  of  the  normal  schools  of  this  state  shall  be 
the  equivalent  of  a  state  certificate  of  the  second  class, 
if  the  party  holding  such  diploma  have  the  required  ' 
age  specified  in  section  875. 


Second   class. 


Certain    di- 


STATE   OF   NORTH   DAKOTA 


79 


4.  He  may  issue  special  certificates  authorizing  the 
holders  thereof  to  teach  music,  drawing,  kindergarten, 
primary  subjects,  manual  and  industrial  training,  do- 
mestic science,  nature  study  or  elementary  agricul- 
ture, which  certificates  shall  be  valid  throughout  the  Special 
state,  each  for  a  term  of  three  years,  under  such  reg- 
ulations as  the  superintendent  of  public  instruction 
may  prescribe;  provided,  that  graduates  from  the 
state  normal  'and  industrial  school  shall  be  entitled  to 
certificates  authorizing  them  to  teach  manual  and  in- 
dustrial training  without  further  examination. 

Sec.  872.  FEE  FOR  CERTIFICATE.  CER- 
TIFICATE. HOW  REVOKED.— The  superin- 
tendent of  public  instruction  shall  require  a  fee  of  five 
dollars  from  each  applicant  for  a  life  professional 
certificate,  a  fee  of  three  dollars  for  a  state  certificate  Certificate  fee 
of  the  first  or  second  class,  and  a  fee  of  two  dollars 
from  each  applicant  for  a  special  certificate,  which 
fees  shall  be  used  by  him  to  aid  in  the  establishment 
and  maintenance  of  teachers'  reading  circles  and  in 
the  professionalizing'  of  teaching  in  the  state  in  such 
other  ways  as  he  may  deem  advisable.  He  shall  re- 
voke at  any  time  any  certificate  issued  in  this  state  for 
any  cause  which  would  have  been  sufficient  ground 
for  refusing  to  issue  the  same  had  the  cause  existed  or 
been  known  at  the  time  it  was  issued,  and  shall  revoke  Certificate.11 
the  same  for  wilful  violation  of  any  teacher's  contract 
.entered  into  by  the  holder  of  any  such  certificate  and 
any  school  board  or  board  of  school  trustees  in  this 
state. 

Sec.  873.  EXAMINATION  OF  TEACHERS 
BY  COUNTY  SUPERINTENDENT.— The  county 
superintendent  shall  hold  a  public  examination 
of  all  persons  over  eighteen  years  of  age 
offering  themselves  as  candidates  for  teachers  of 
common  schools  at  the  most  suitable  place  in  the 
county,  on  the  second  Friday  in  March,  and  on  the 
last  Friday  in  May,  August  and  October  of  each  year, 
and  when  necessary,  such  examination  may  be  contin- 
ued on  the  following  day,  at  which  time  he  shall  ex- 
amine them  by  a  series  of  written  or  printed  ques- 
tions, according  to  the  rules  prescribed  by  the  super- 
intendent of  public  instruction.  The  county  superin- 
tendent shall  forward  all  answer  papers  submitted  by 
candidates  for  county  certificates,  designating  each 
by  number  instead  of  name,  immediately  after  the 


Examination 
by   county   sup- 
erintendent. 


80 


GENERAL  SCHOOL  LAWS 


Papers    sent 
state     superin- 
tendent. 


close  of  the  examination  to  the  superintendent  of  pub- 
lic instruction  for  examination,  marking,  filing  and  re- 
cording. The  superintendent  of  public  instruction 
shall  transmit,  within  thirty  days  from  the  date  of  said 
examination,  a  record  of  the  standings  of  each  appli- 
cant to  the  county  superintendent  who  shall  then  grant 
to  the  applicant  a  certificate  of  qualification,  if  from 
the  percentage  of  correct  answers  required  by  the 
rules,  said  applicant  is  found  to  possess  the  requisite 
knowledge  and  understanding  to  teach  in  the  com- 
mon schools  of  the  state  the  various  branches  re- 
quired by  law;  provided,  the  county  superintendent 
has  sufficient  evidence  that  the  candidate  is  a  person 
of  good  moral  character,  has  had  successful  exper- 
ience, if  any,  and  possesses  an  aptness  to  teach  and 
govern. 

Sec.  874.  TEACHERS'  GRADES,  HOW  ES- 
TABLISHED. RE-EXAMINATION,  WHEN 
ALLOWED.— County  certificates  shall  be  of 
of  three  regular  grades :  First  grade  for  a  term  of 
three  years;  second  grade  for  a 'term  of  two  years; 
and  third  grade  for  a  term  of  one  year,  according  to 
the  ratio  of  correct  answers  for  each  applicant,  and 
other  evidence  of  qualification;  provided,  that  after 
January  1,  1908,  county  certificates  shall  be  of  two 
regular  grades :  First  grade  for  a  term  of  three 
years ;  second  grade  for  a  term  of  two  years.  No 
certificate  shall  be  granted  unless  the  applicant  shall 
be  found  proficient  in  and  qualified  to  teach  the  com- 
mon branches  of  a  common  English  education,  read- 
ing, writing,  orthography,  language  lessons  and  Eng- 
lish grammar,  geography,  United  States  history,  civil 
government,  physiology  and  hygiene  and  can  pass  a 
satisfactory  examination  in  physical  culture  and  the- 
ory and  practice  of  teaching.  In  addition  to  the 
above,  an  applicant  for  a  first  grade  certificate  shall 
pass  a  satisfactory  examination  in  physical  geography, 
elementary  physics,  psychology,  elementary  algebra 
and  geometry.  The  percentage  required  to  pass  any 
branch  shall  be  prescribed  by  the  superintendent  of 
public  instruction.  The  county  superintendent  may 
grant  permission  to  teach  until  the  results  of  the  next 
regular  examination  are  received  from  the  superin- 
tendent of  public  instruction,  to  any  person  applying 
at  any  other  time  than  at  a  regular  examination,  who 
can  show  satisfactory  reasons  for  failing  to  attend 


Grades   of   cer- 
tificates   and 
basis   thereof. 


Permits    to 
teach. 


STATE  OF   NORTH   DAKOTA  81 

such  examination  and  satisfactory  evidence  of  quali- 
fication, subject  to  such  rules  and  regulations  as  may 
be  prescribed  by  the  superintendent  of  public  instruc- 
tion. Subsequent  permits  may  be  granted  by  the 
county  superintendent  with  consent  and  approval  of 
the  superintendent  of  public  instruction.  The  written 
answers  of  applicants  for  county  certificates,  after  be- 
ing duly  examined  by  the  superintendent  of  public  in- 
struction, shall  be  kept  by  him  for  a  period  of  six 
months  after  such  examination,  and  any  candidate, 
thinking  an  injustice  has  been  done  him,  may  by  pay- 
ing a  fee  of  two  dollars  into  the  institute  fund  of  the 
county  and  notifying  both  the  county  superintendent 
and  the  superintendent  of  public  instruction  of  the 
same,  have  his  papers  reviewed  by  the  superintendent 
of  public  instruction,  in  person,  and,  if  such  answers 
warrant  it,  he  shall  instruct  the  county  superintendent 
to  issue  such  applicant  a  county  certificate  of  the  pro- 
per grade  and  the  county  superintendent  shall  carry 
out  such  instructions. 

Sec.  875.  QUALIFICATIONS  OF  TEACH- 
ERS. CONTRACTS,  WHEN  VOID.— No  cer- 
tificate or  permit  to  teach  shall  be  issued  to 

1  •    i  ,  c  i  r      j.      Certificates    and 

any  person  under  eighteen  years  of  age,  and  no  first  permits— to 
grade  certificate  to  any  person  who  is  under  twenty  whom  issued, 
years  of  age,  and  who  has  not  taught  successfully 
twelve  school  months,  and  no  person  shall  be  allowed 
to  teach  more  than  fifteen  school  months  on  third 
grade  certificates.  First  and  second  grade  certificates 
may  be  renewed  without  examination,  under  such  re- 
quirements as  shall  be  imposed  by  the  superintendent 
of  public  instruction.  The  certificate  issued  by  a 
county  superintendent  shall  be  valid  only  in  the  county 
where  issued;  provided,  that  a  county  superintendent  Valid 
shall  indorse  for  the  full  period  for  which  they  are 
valid  when  presented  to  him  for  indorsement  first  and 
second  grade  certificates.  A  fee  of  one  dollar  shall 
be  paid  into  the  institute  fund  of  the  county  for  each 
renewal  or  indorsement.  No  person  shall  be  employed 
or  permitted  to  teach  in  any  of  the  public  schools  of 
the  state,  except  those  in  cities  organized  for  school 
purposes  under  special  laws,  or  organized  as  indepen- 
dent districts,  under  the  general  school  laws,  who  is 
not  the  holder  of  a  lawful  certificate  of  qualification 
or  a  permit  to  teach,  and  no  teacher's  certificate,  issued 
by  the  superintendent  of  public  instruction,  nor  a 
teacher's  'diploma  granted  by  any  institution  of  learn- 

—6— 


82 


GENERAL   SCHOOL  LAWS 


Contract    void, 
when. 


ing  in  this  state  shall  entitle  a  person  to  teach  in  such 
public  schools  of  any  county,  unless  such  certificate  or 
diploma  shall  have  been  recorded  in  the  office  of  the 
county  superintendent  and  it  shall  be  the  duty  of  the 
county  superintendent  to  record  such  certificate  or 
diploma ;  provided,  further,  that  no  certificate  or  per- 
mit to  teach  in  the  schools  of  the  state  shall  be  granted 
to  any  person  who  is  not  a  citizen  of  the  United 
States,  unless  such  person  has  resided  in  the  United 
States  for  one  year,  at  least,  prior  to  the  time  of  such 
application  for  such  certificate  or  permit.  Any  con- 
tract made  in  violation  of  this  section  shall  be  void. 


Fee    for    certi- 
ficate. 


Revocation    of 
certificate — 
when. 


Section  876.  FEES  FOR  CERTIFICATE.— 
Each  applicant  for  a  county  certificate  shall 
pay  two  dollars  to  the  county  superintendent,  one  dol- 
lar of  which  shall  be  paid  into  the  county  teachers' 
institute  fund  to  be  used  in  support  of  teachers'  insti- 
tutes or  the  teachers'  training  schools  in  the  county, 
as  otherwise  provided,  and  one  dollar  of  said  fee  shall 
be  used  by  the  superintendent  of  public  instruction  for 
such  clerical  assistance  as  he  may  deem  necessary  and 
competent  for  the  reading  of  teachers'  answer  papers 
and  work  connected  therewith.  It  shall  be  the  duty 
of  the  county  superintendent,  immediately  after  each 
examination,  to  forward  one  dollar  for  each  applicant 
for  teacher's  certificate  to  the  superintendent  of  pub- 
lic instruction,  such  sums  to  be  used  by  him  as  herein- 
before provided.  (See  Sections  77 '2  and  890.) 

Section  877.  CERTIFICATES,  WHEN  RE- 
VOCABLE.— The  county  superintendent  is  au- 
thorized and  required  to  revoke  and  annul,  at  any 
time,  a  certificate  granted  by  him  or  his  predecessor 
for  any  cause  which  would  have  authorized  or  re- 
quired him  to  refuse  to  grant  it,  if  known  at  the  time 
it  was  granted,  and  for  incompetency,  immorality,  in- 
temperance, cruelty,  crime  against  the  laws  of  the 
state,  breach  of  contract,  refusal  to  perform  his  duty 
or  general  neglect  of  the  work  of  the  school.  The 
revocation  of  the  certificate  shall  terminate  the  em- 
ployment of  such  teacher  in  the  school  where  he  may 
be  at  the  time  employed.  Such  teacher  must  be  paid 
up  to  the  time  of  receiving  notice  of  such  revocation. 
The  county  superintendent  shall  immediately  notify 
the  clerk  of  the  school  district  where  such  teacher  is 
employed  and  he  may  notify  the  teacher  through  the 
clerk,  of  such  revocation,  and  he  shall  also  notify  the 


STATE   OF   NORTH   DAKOTA 


83 


Revocation 
procedure. 


state  superintendent  of  public  instruction  and  each 
county  superintendent  in  the  state,  and  shall  enter  his 
action  in  such  case  in  the  books  of  record  in  his  office. 

Sec.  878.  PROCEEDINGS  TO  REVOKE. 
TEACHERS'  ALLOWED  DEFENSE.— In  pro- 
ceedings to  revoke  a  certificate  the  county  superin- 
tendent may  act  upon  his  personal  knowledge  or  upon 
competent  evidence  obtained  from  others.  In  the  lat- 
ter case,  action  shall  be  taken  only  after  a  fair  hear- 
ing, and  the  teacher  must  be  notified  of  the  charge  and 
given  an  opportunity  to  make  a  defense  at  such  time 
and  place  as  may  be  stated  in  such  notice.  Upon  his 
own  knowledge  the  superintendent  may  act  immed- 
iately without  notice,  after  an  opportunity  has  been 
afforded  such  teacher  for  personal  explanation.  When 
any  certificate  is  revoked  the  teacher  shall  return  it  to 
the  superintendent  but  if  such  teacher  refuses  or  neg- 
lects so  to  do  the  superintendent  may  issue  notice  of 
such  revocation  by  publication  in  some  newspaper 
printed  in  the  county. 

ARTICLE  13. — DUTIES  OF  TEACHERS. 

Sec.  879.  (Amended.)  GIVE  NOTICE  OF  OPEN- 
ING AND  CLOSING  SCHOOL.— Each  teacher  on 
commencing  a  term  of  school  shall  give  written  notice 
to  the  county  superintendent  of  the  time  and  place  of 
beginning  such  school  and  the  time  when  it  will  prob- 
ably close,  and  prior  to  receiving  salary  for  the  first 
month  each  teacher  must  exhibit  his  certificate  to  the 
clerk  of  the  district  school  board.  If  such  school  is 
to  be  suspended  for  one  week  or  more  in  such  term 
the  teacher  shall  notify  the  county  superintendent  of 
such  suspension.  I 

Sec.  880.  WHEN  TEACHER  NOT  ENTITLED 
TO  COMPENSATION.— No  teacher  shall  be  en- 
titled to  or  receive  any  compensation  for  the  time  he 
teaches  in  any  public  school  without  a  certificate  valid 
and  in  force  for  such  time  in  the  county  where  such 
school  is  taught,  except  that  if  a  teacher's  certificate 
shall  expire  by  its  own  limitation  within  six  weeks  of 
the  close  of  the  term,  such  teacher  may  finish  such 
term  without  re-examination  or  renewal  of  such  cer- 
tificate. 

Sec.  881.  TEACHER'S  REGISTER,  WHAT 
TO  CONTAIN.  Each  teacher  shall  keep  a  school 
register  and  at  the  close  of  each  term  make  a  report, 


Opening    and 
closing    school 
— notice. 


No  compensa- 
tion to  teacher 
— when. 


Teacher's  reg- 
ister. 


84 


GENERAL  SCHOOL  LAWS 


Report. 


Wages    held 
back. 


School   year. 


School  week. 


containing  the  number  of  visits  of  the  county  superin- 
tendent, and  such  items  and  in  such  form  as  shall  be 
required.  Such  report  shall  be  made  in  duplicate, 
both  copies  of  which  shall  be  sent  to  the  county  super- 
intendent, who,  if  he  finds  such  report  to  be  correct, 
shall  immediately  return  one  copy  to  the  district  clerk, 
same  to  be  filed  with  him.  No  teacher  shall  be  paid 
the  last  month's  wages  in  any  term  until  such  report 
shall  have  been  approved  by  the  county  superintend- 
ent and  one  copy  returned  to  the  district  clerk. 

Sec.  882.    (Amended.)    SCHOOL     YEAR     AND 

SCHOOL  WEEK  DEFINED.  HOLIDAYS.— The 
school  year  shall  begin  on  the  first  day  of  July  and 
close  on  the  thirtieth  day  of  June  of  each  year.  A 
school  week  shall  consist  of  five  days  and  a  school 
month  of  twenty  days.  No  school  shall  be  taught  on  a 
legal  holiday  nor  on  any  Saturday ;  provided,  however, 
that  on  February  the  twelfth,  Lincoln's  birthday,  Feb- 
ruary the  twenty-second,  Washington's  birthday  and 
May  the  thirtieth,  Memorial  Day,  all  schools  in  session 
shall  assemble  for  a  portion  of  the  day  and  devote  the 
same  to  patriotic  exercises  consistent  with  that  day, 
unless  such  holidays  shall  fall  upon  Saturday  or  Sun- 
day, when  such  services  shall  be  held  on  the  Friday 
preceding.  A  legal  holiday  in  term  time  falling  upon  a 
day  which  otherwise  would  be  a  school  day  shall  be 
counted  and  the  teacher  paid  therefor,  but  no  teacher 
shall  be  paid  for  Saturday  nor  be  permitted  to  teach 
on  Saturday  to  make  up  for  the  loss  of  a  day  in  the 
term. 

Sec.  883.  (Amended.)  BRANCHES  TO  BE 
TAUGHT  IN  ALL  SCHOOLS.— Each  teacher  in 
the  common  schools  shall  teach  pupils  as  they  are  suf- 
ficiently advanced  to  pursue  the  same,  the  following 
branches : 


Holidays. 


Course    of 
study. 


Orthography,  reading,  spelling,  writing,  arithemtic, 
language  lessons  English  grammar,  geography,  Unit- 
ed States  history,  civil  government,  physiology  and 
hygiene,  giving  special  instruction  concerning  the  na- 
ture of  alcoholic  drinks  and  other  narcotics  and  their 
effect  upon  'the  human  system,  shall  be  taught  as  thor- 
oughly as  any  branch  is  taught.  There  shall  also  be 
taught  in  every  school  in  connection  with  physiology 
and  hygiene  simple  lessons  on  the  nature,  treatment 
and  prevention  of  tuberculosis.  All  pupils  in  the 
above  mentioned  schools  below  the  high  school  and 


STATE   OF  NORTH   DAKOTA 


85 


Humane     treat- 
ment of  ani- 
mals. 


above  the  third  year  of  school  work  computing  from 
the  beginning  of  the  lowest  primary  year,  shall  re- 
ceive instruction  in  this  subject  every  year  from  text 
books  adapted  to  grade  in  the  hands  of  pupils  for  not 
less  than  four  lessons  per  week  for  ten  weeks  of  each 
school  year.  In  all  schools  above  mentioned,  all  pu- 
pils in  the  lowest  three  primary  school  years  'shall  each 
year  be  instructed  orally  in  this  subject  for  not  less 
than  three  lessons  per  week  for  ten  weeks  of  each 
school  year  by  teachers  using  text  books  adapted  to 
grade  for  such  instruction  as  a  guide  or  standard. 
Each  teacher  in  the  schools  in  special  districts  and  in 
the  cities  organized  for  school  purposes  under  special 
law  shall  conform  to  and  be  governed  by  the  provi- 
sions of  this  section. 

Sec.  884.  TEACHING  HUMANE  TREAT- 
MENT OF  ANIMALS.— There  shall  be  taught 
in  the  public  schools  of  North  Dakota,  in  addition  to 
other  branches  of  study  now  prescribed,  a  system 
of  study  of  the  humane  treatment  of  animals ;  such 
instruction  shall  be  oral  and  to  consist  of  not  less  than 
two  lessons  of  ten  minutes  each  p<er  week.  The  prin- 
cipal, or  teacher  of  every  school  shall  certify  in  each 
of  his  or  her  reports  that  such  instruction  has  been 
given  in  the  school  under  his  or  her  control. 

Sec.  885.  TEACHERS'  INSTITUTES  AND 
TEACHERS'  TRAINING  SCHOOLS,  HOW  NO- 
TiCED.  PENALTY  FOR  FAILURE  TO  AT- 
TEND.— When  a  teachers'  institute  or  teachers'  • 
training  school  is  appointed  to  be  held  in  or  for  any 
county  it  shall  be  the  duty  of  the  county  superintend- 
ent to  give  written  or  (printed  notice  thereof  to  each 

,-".,,.          ttft  i  c          Teachers     In- 

teacher  in  the  public  schools  of  the  county,  and  as  far  stitute—  notice 
as  possible  to  all  others  not  then  engaged  in  teaching, 
who  are  holders  of  teachers'  certificates,  at  least  ten 
days  before  the  opening  of  such  institute  or  teachers' 
training  school  of  the  time  and  place  of  holding  it. 
Each  teacher  receiving  such  notice,  engaged  in  teach- 
ing a  term  of  school  which  includes  wholly  or  in  part 
the  time  of  holding  such  institute  or  teachers'  train- 
ing school,  shall  close  school  and  attend  the  same  and 
shall  be  paid  by  the  school  board  of  the  district  his 
regular  wages  as  teacher  for  the  time  he  attended 
such  institute  or  teachers'  training  school,  as  certified 
by  the  county  superintendent,  but  no  teacher  shall  re- 
ceive pay  unless  he  has  attended  four  consecutive 


ef. 


Schools  to 
close. 


86 


GENERAL  SCHOOL  LAWS 


Exception. 


days  nor  shall  any  teacher  receive  pay  for  more  than 
.j  five   days.       The  county  superintendent  may   revoke 

tend— penalty,  the  certificate  of  any  teacher  in  his  county  for  inex- 
cusable neglect  or  refusal  after  due  notice,  to  attend 
a  teachers'  institute  or  teachers'  training  school  held 
for  such  county.  The  provisions  of  this  section 
shall  not  apply  to  high  school  teachers,  nor  to  teachers 
in  cities  organized  for  school  purposes  under  a  special 
law,  nor  to  teachers  in  cities  organized  as  independent 
districts  under  the  provisions  of  this  chapter. 

Sec.  886.  PUPIL  MAY  BE  SUSPENDED  FOR 
CAUSE. — A  teacher  may  suspend  from  school  for 
not  rnore  than  five  days  any  pupil  for  insubordination 
or  habitual  disobedience,  or  disorderly  conduct.  In 
such  case  the  teacher  shall  give  immediate  notice  to 
the  parent  or  guardian  of  such  pupil,  also  to  some 
member  of  the  district  school  board  of  such  suspen- 
sion and  the  reason  therefor.  (See  Sec. 


Suspension 
pupils. 


Pupils    to     be 
graded   by 
teacher. 


Moral 
tion. 


Sec.  887.  ASSIGNMENT  OF  STUDIES  TO 
PUPILS.— It  shall  be  the  duty  of  the  teacher  to  as- 
sign to  each  pupil  such  studies  as  he  is  qualified  to 
pursue,  and  to  place  him  in  the  proper  class  in  any 
studies  subject  to  the  provisions  in  section  883 ;  pro- 
vided, that  in  a  graded  school  under  the  charge  of  a 
principal  or  local  superintendent,  such  principal  or 
superintendent  shall  perform  this  duty.  In  case  any 
parent  or  guardian  is  dissatisfied  with  such  assign- 
ment or  classification,  the  matter  shall  be  referred  to 
and  decided  by  the  county  superintendent. 

Sec.  888.  BIBLE  NOT  SECTARIAN  BOOK. 
READING  OPTIONAL  WITH  PUPIL.— The  Bi- 
ble shall  not  be  deemed  a  sectarian  book.  It  shall 
excluded  from  any  public  school.  It  may  at 
the  option  of  the  teacher  be  read  in  school  without 
sectarian  comment,  not  to  exceed  ten  minutes  daily. 
No  pupil  shall  be  required  to  read  it  nor  be  present 
in  the  school  room  during  the  reading  thereof  con- 
trary to  the  wishes  of  his  parents  or  guardian  or  oth- 
er person  having  him  in  charge.  Moral  instruction 
tending  to  impress  upon  the  minds  of  pupils  the  im- 
instruc-  portance  of  truthfulness,  temperance,  purity,  public 
spirit,  patriotism  and  respect  for  honest  labor,  obed- 
ience to  parents  and  due  reference  for  old  age,  shall 
be  given  by  each  teacher  in  the  public  schools. 


Bible    shall    not    nnf 
be  excluded. 


STATE   OF   NORTH   DAKOTA 


87 


physical    exer- 
cise. 


Sec.  889.  PHYSICAL  EDUCATION.— Physi- 
cal education,  which  shall  aim  to  develop  and  disci- 
pline the  body  and  promote  health  through  systemat- 
ic exercise,  shall  be  included  in  the  branches  of  study 
required  by  law  to  be  taught  in  the  common  schools, 
and  shall  be  introduced  and  taught  as  a  regular  branch 
to  all  pupils  in  all  departments  of  the  public  schools 
of  the  state,  and  in  all  educational  institutions  sup-  systematlc 
ported  wholly  or  in  part  by  money  from  the  state.  It 
shall  be  the  duty  of  all  boards  of  education  and 
boards  of  educational  institutions  receiving  money 
from  the  state,  to  make  provision  for  daily  instruction 
in  all  the  schools  and  institutions  under  their  respect- 
ive jurisdiction,  and  to  adopt  such  method  or  meth- 
ods as  will  adapt  progressive  physical  exercise  to  the 
development,  health  and  discipline  of  the  pupils  in- 
the  various  grades  and  classes  of  schools  and  institu- 
tions receiving  aid  from  the  state. 

ARTICLE  14. — INSTITUTES,  ASSOCIATIONS  AND  READ- 
ING CIRCLE. 


Sec.  890.  TEACHERS'  COUNTY  INSTITUTE 
FUND.  —  All  money  received  by  the  county  superin- 
tendent from  examination  fees  for  the  county  institute 
fund,  and  all  money  paid  into  this  fund  from  the 
county  general  revenue  fund,  shall  be  used  by  him  to 
aid  in  the  support  of  teachers'  institutes  or  teachers' 
training  schools,  to  be  held  within  or  for  the  county 
and  to  pay  necessary  expenses  incurred  therein.  The 
county  superintendent  shall  present  an  itemized  state- 
ment,  duly  verified  to  the  county  auditor  for  the 
amount  of  all  such  necessary  expenses  and  the  audi- 
tor shall  issue  a  warrant  therefor  as  provided  by  law. 
The  county  superintendent  shall,  at  the  end  of  each 
year,  submit  a  full  and  accurate  statement  of  the  re- 
ceipts and  expenditures  of  these  funds,  under  oath, 
to  the  superintendent  of  public  instruction.  (See 
Sections  772  and  876.) 

Sec.  891.  APPROPRIATION  FOR  '  INSTI- 
TUTE FUND.  DESIGNATION  OF  CONDUC- 
TORS. —  There  is  hereby  appropriated  out  of  any 
funds  in  the  state  treasury,'  not  otherwise  appropriat- 
ed, the  sum  of  fifty  dollars  each  year  to  each  organ- 
ized county  in  the  state  in  which  there  are  ten  or  more 
resident  teachers,  which  shall  be  designated  as  the 
state  institute  fund,  and  which  shall  be  used  exclu- 


Appropriation 


88 


GENERAL   SCHOOL  LAWS 


Funds ,    how 
paid. 


si'vely  in  employing  persons  of  learning,  ability  and 
experience  as  conductors  of  teachers'  institutes,  and 
the  further  sum  of  ten  cents  a  mile  for  the  distance 
Conductors.  actually  and  necessarily  traveled  by  a  lecturer  for  such 
institute.  The  superintendent  of  public  instruction 
after  consultation  with  the  county  superintendent  as 
to  the  special  needs  and  wants  of  their  respective 
counties,  shall  appoint  the  time,  place  and  duration 
of  these  institutes  and  shall  designate  the  persons  to 
act  as  conductors  of  and  lecturers  at  such  institutes, 
as  in  his  judgment  the  needs  of  the  various  counties 
demand. 

Sec.  892.  (Amended.)  INSTITUTE  FUNDS, 
HOW  PAID  OUT.— It  shall  be  the  duty  of  the 
county  superintendent  of  schools  in  all  cases  to  consult 
with  the  state  superintendent  of  public  instruction  in 
reference  to  the  management  of  such  institute  or 
teachers'  training  school,  and  he  shall  carry  out  the 
suggestions  of  such  state  superintendent  as  to  the 
modes  of  instruction.  No  salary  shall  be  paid  to  any 
conductor  or  instructor  not  previously  appointed  or 
employed  as  herein  provided.  The  money  hereby 
appropriated  from  the  state  treasury  for  the  support 
of  teachers'  institutes  or  teachers'  training  schools 
shall  be  paid  to  the  persons  to  whom  it  is  due  by  war- 
rant of  the  state  auditor  upon  the  state  treasurer, 
which  shall  be  issued  upon  the  (presentation  of  an  ac- 
count in  due  form,  receipted  by  the  person  to  whom 
due  and  approved  by  the  state  superintendent  of  pub- 
lic instruction ;  provided,  that  no  county  shall  receive 
more  than  ten  dollars  from  such  appropriation  for  the 
payment  of  conductor's  salary  for  each  day  its  insti- 
tute is  in  session ;  provided,  that  the  state  and  county 
institute  funds  specified  by  sections  890  and  891,  and 
the  appropriation  specified  by  section  893  of  one  or 
more  counties  may  be  applied  to  the  support  of  a 
teachers'  training  school  for  such  county  or  counties 
at  the  request  of  the  county  superintendent  for  such 
county  or  counties  with  the  consent  and  under  the 
direction  of  the  state  superintendent  of  public  instruc- 
tion; provided,  further,  that  where  a  teachers'  train- 
ing school  of  not  less  than  three  weeks'  duration  is 
held  within  or  for  any  county,  the  conductor  of  such 
training  school  and  the  county  superintendent  shall 
file  a  certified  statement  with  the  county  auditor,  spe- 
cifying the  time  and  place  of  such  teachers'  training 


STATE   OF   NORTH   DAKOTA 


89 


school  and  the  total  number  of  schools  and  separate 
departments  in  graded  and  high  schools  in  said  coun- 
ty in  which  school  has  been  taught  at  least  four 
months  during  the  preceding  school  year.  The 
county  auditor  shall  file  a  copy  of  sai'd  statement  with 
the  county  treasurer  who  shall  thereupon  transfer 
from  the  county  general  revenue  fund  to  the  county 
institute  fund  the  sum  of  two  dollars  for  each  school 
or  separate  department  in  high  and  graded  schools 
in  the  county,  as  per  specified  statement  filed  with  the 
county  auditor. 

.  Sec.  893.       COUNTY  COMMISSIONERS  MAY 
AID   INSTITUTES.— The  money  assigned  for  any 
particular  institute  may  be   added  to  any   fund   fur- 
nished for  the  purpose  by  any  county,  and  the  insti- 
tute extended  as  long  as  the  entire  fund  will  allow.  If    county  com- 
a  sufficient  county  fund  is  not  otherwise  provided,  the    Sayi0ma£  ap- 
board  of  county  commissioners  may  appropriate  not    propriations. 
more  than  fifty  dollars  in  any  county  each  year  in  aid 
of  institutes.       The  superintendent  of  public  instruc- 
tion may  require  a  statement  of  the  amount  of  funds 
the  county  has  on  hand  for  this  purpose  at  any  time. 

ARTICLE  15. — COMPULSORY  EDUCATION. 

Sec.  894.  (Amended.)  SCHOOL  AGE,  WHO  EX- 
EMPT FROM  COMPULSORY  ATTENDANCE. 
—Every  parent,  guardian  or  other  person  who  resides 
in  any  school  district  or  city,  who  has  control  over  any 
child  or  children  of  or  between  the  ages  of  eight  and 
fourteen  shall  send  each  child  or  children  to  a  public 
school  in  each  year  during  the  entire  time  the  public 
schools  of  such  district  or  city  are  in  session,  and  ev- 
ery parent,  guardian  or  other  person  having  control 
of  any  deaf  or  feeble-minded  child  or  youth  between 
the  ages  of  seven  and  twenty-one  years  of  age  shall 
be  required  to  send  each  deaf  child  to  the  school  for 
the  deaf  at  the  city  of  Devils  Lake,  and  any  feeble- 
minded child  to  the  institution  for  4he  feeble-'minded 
at  Grafton;  provided,  that  such  parent,  guardian  or 
other  person  having  such  control  of  any  child  shall 
be  excused  from  such  duty  by  the  school  board  of  the 
district  or  by  the  board  of  education  of  the  city  or 
village  whenever  it  shall  be  shown  to  their  satisfac- 
tion, subject  to  appeal  as  provided  by  law,  that  one 
of  the  following  reasons  therefor  exists : 


School  age. 


Defectives. 


90 


GENERAL   SCHOOL  LAWS 


Distance. 


1.  That  such  child  is  taught  for  the  same  length  of 
time  in  a  parochial  or  private  school,  approved     by 
such  board;  that  no  school  shall  be  approved  by  such 
board  unless  the  branches  usually  taught  in  the  public 
schools  are  taught  in  such  schools. 

2.  That  such  child  is  actually  necessary  to  the  sup- 
port of  the  family. 

3.  That  such  child     has     already     acquired     the 
branches  of  learning  taught  in  the  public  schools. 

4.  That  such  child  is  in  such  a  physical  or  men- 
tal condition  (as  declared  by  the  county  physician,  if 
required  by  the  board)   as  to  render  such  attendance 
inexpedient  or  impracticable.       If  no  school  is  taught 
the  requisite  length  of  time  within  three  miles  of  the 
residence  of  such  child  by  the  nearest  route,  such  at- 
tendance shall  not  be  enforced,  except  in  cases  of  con- 
solidated schools  where  transportation     may  be     ar- 
ranged by  the 'School  board;  provided,  that  in  districts 
where  children  live  beyond  the  three  mile  limit  and 
school  facilities  are  not  otherwise  provided,  the  dis- 
trict board  shall  provide  transportation  for  such  chil- 
dren to  and  from  school,  paying  therefor  a  sum  not 
exceeding  ten  cents  per  mile  one  way  per  day  for  one 
or  two  pupils,  and  five  cents  each  per  mile  one  way 
per  day  for  more  than  two  pupils  for  each  day's  at- 
tendance at  school.       In  districts  having  consolidated 
schools  where  transportation  is  arranged  for  by  the 
school  board,  or  in  other  districts  providing  transpor- 
tation, attendance  shall  be  required  of  pupils  residing 
within  four  miles  of  such  school  or  schools,  but  this 
provision   shall   not   apply   to   deaf   or   feeble-minded 
children   in   this   state.        The   common   schools   pro- 
vided for  in  this  chapter  shall  be  at  all  times  equally 
free,  open  and  accessible  to  all  children  over  six  and 
under  twenty  years   of   age,   residents  of  the   school 
districts  where  they  are  held  or  entitled  to     attend 
school,  under  any  special  provisions  of  this  chapter, 
subject  to  the  regulations  herein  made,  and  to  such 
regulations  as  the  several  school  boards  and  boards 
of  education  may  prescribe,  equitably  and  justly,  and 
not  in  conflict  with  the  provisions  of  law ;  provided, 
further,  that  this  section  shall  not  be  construed  to  ap- 
ply to  parents,  guardians  or  other  persons  having  con- 
trol of  any  child  or  children  between  the  ages  of  eight 
and  fourteen  who  desire  to  send  such  child  or  children 
for  a  total  period  not  exceeding  six  months  to  any 


Schools   must 
be   free. 


STATE   OF   NORTH   DAKOTA 


91 


parochial  school   for  the  purpose  of  preparing  such 
child  or  children  for  certain  religious  duties. 

Sec.   895.     PENALTY.— Any  such  parent,  guard- 
ian or  other  person  failing  to  comply  with  the  require- 
ments of  the  foregoing  section,  shall  upon  conviction    Neglect  to 
thereof  be  deemed  guilty  of  a  misdemeanor,  and  shall    fonschooi— en 
be  fined  in  a  sum  not  less  than  five     nor  more     than    Penalty  for- 
twenty  dollars  for  the  first  offense  and  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  the  second 
and  every  subsequent  offense,  with  costs  in  each  case. 

Sec.-  896.  (Amended.)  PROSECUTION  FOR 
NEGLECTING  THIS  DUTY.— It  shall  be  the  duty 
of  the  superintendent  or  principals  of  schools  in  any 
•city,  town  or  village,  or  the  teacher  of  any  district 
school  to  inquire  into  all  cases  of  negligence  of  the 
duty  prescribed  in  this  article  and  to  ascertain  from 
the  person  neglecting  to  perform  such  duty  the  reason 
therefor,  if  any,  and  in  common  school  districts  notify 

J      .  c        .        .          .  ,      • J       Prosecution — 

the  county  superintendent  of  schools  of  such  neglect;  duty  of  certain 
and  said  county  superintendent,  upon  proper  presen-  ' 
tation  of  facts,  shall  lay  the  complaint  before  the 
state's  attorney,  whose  duty  it  will  be  to  proceed 
forthwith  to  secure  the  prosecution  for  any  offense 
occuring  under  this  article.  In  special  or  independ- 
ent districts  the  superintendent  or  principal  of 
schools  shall  lay  the  complaint  before  the  state's  at- 
torney who  shall  proceed  as  above ;  provided,  further, 
that  the  board  of  education  or  district  school  board 
in  any  city  or  school  district  of  over  five  hundred  in- 
habitants may  employ  a  truant  officer  who  shall  per- 
form the  duties  implied  in  this  section. 

Sec.  897.  CHILD  LABOR  PROHIBITED  DUR- 
ING SCHOOL  HOURS.— No  child  between  eight 
and  fourteen  years  of  age  shall  be  employed  in  any 
mine,  factory  or  workshop  or  mercantile  establish- 
.  ment  or,  except  by  his  parents  or  guardian,  in  any 
other  manner  during  the  hours  when  the  public 
•schools  in  the  city,  village  or  district  are  in  session, 
unless  the  person  employing  him  shall  first  procure  a  child  labor 
certificate  from  the  superintendent  of  schools  of  the 
city  or  village,  if  one  is  employed,  otherwise  from 
the  clerk  of  the  school  board  or  board  of  education, 
stating  that  such  child  has  attended  school  for  the 
period  of  twelve  weeks  during  the  year,  as  required 
by  law,  or  has  been  excused  from  attendance  as  pro- 
vided in  section  894;  and  it  shall  be  the  duty  of  such 


92 


GENERAL   SCHOOL  LAWS 


Penalty. 


superintendent  or  clerk  to  furnish  such  certificate 
upon  application  of  the  parent,  guardian  or  other  per- 
sons having  control  of  such  child,  entitled  to  the  same. 
(See  Chapter  153  Session  Laws  /pop.) 

Sec.  898.  PENALTY  FOR  VIOLATION.— 
Each  owner,  superintendent  or  overseer  of  any  mine, 
factory,  workshop  or  mercantile  establishment,  and 
any  other  person  who  shall  employ  any  child  between 
eight  and  fourteen  years  of  age  contrary  to  the  pro- 
visions of  this  article,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  for  each  offense 
in  a  sum  of  not  less  than  twenty  nor  more  than  fifty 
dollars  and  costs.  Each  person  authorized  to  sign  a 
certificate  as  prescribed  in  the  preceding  section,  who, 
certifies  to  any  materially  false  statement  therein,  shall 
be  fined  not  less  than  twenty  nor  more  than  fifty  dol- 
lars and  costs.  (See  Chapter  153  Session  Laws 
/pop.) 

Sec.  899.  PROSECUTIONS,  HOW  BROUGHT. 
—Prosecutions  under  this  article  shall  be  brought  in 
the  name  of  the  state  of  North  Dakota  before  any 
court  of  competent  jurisdiction,  and  the  fines  collect- 
ed shall  be  paid  over  to  the  county  treasurer  and  by 
him  credited  to  the  general  school  fund  of  the  state. 
(See  Chapter  155  Session  Laws  ipop.) 


Prosecution. 


Neglect    of 
duty  by  school 
officer —   penal- 
ty for. 


Falsifying 
election   re- 
turns—  penalty 
for. 


ARTICLE  16. — FINES,     FORFEITURES    AND  PENALTIES. 

Sec.  900.  PENALTY  FOR  NEGLECT  OF 
DUTY  BY  SCHOOL  DIRECTOR,  TREASURER 
OR  CLERK. — Each  person  duly  elected  to  the  office 
of  director,  treasurer  or  clerk  of  any  district,  who, 
having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duties  required  of  him 
by  the  provisions  of  this  chapter  shall  upon  convic- 
tion be  fined  in  the  sum  of  ten  dollars  and  his  office 
shall  be  deemed  vacant. 

Sec.  901.  PENALTY  FOR  FALSE  ELECTION 
RETURNS. — Any  judge  or  clerk  of  election,  school 
district  clerk  or  county  auditor  who  wilfully  violates 
the  provisions  of  this  chapter  in  relation  to  elections 
or  who  wilfully  makes  a  false  return  shall  upon  con- 
viction be  deemed  guilty  of  a  felony. 

Sec.  902.  SPECULATION  IN  OFFICE  PRO- 
HIBITED.—No  school  officer  shall  personally  en- 
gage in  the  purchase  of  any  school  bonds  or  warrants 
nor  shall  any  such  officer  be  personally  interested  in 


STATE   OF   NORTH   DAKOTA 


93 


Unlawful 
drawing   of 
money —  penal- 
ty  for. 


Embezzlement 
— what  is. 


any   contract   requiring  the     expenditure     of   school 
funds  except  for  the  purchase  of  fuel  and  such  sup- 
plies as  are  in  daily  use,  but  not  including  furniture,    School  officers 
or  the  expenditure  of  funds  appropriated  by  the  state,    jested  bin  m" 
county,  school  corporation  or  otherwise  for  any  school    contracts, 
purpose  connected  with  his  office.       Any  violation  of 
this  section  shall  be  a  misdemeanor.       (See  Appendix 
B. — Sec.  9402.) 

Sec.  903.  PENALTY  FOR  UNLAWFUL' 
DRAWINGS  OF  SCHOOL  MONEY.— Any  person 
who  draws  money  from  the  county  treasury,  who  is 
not  at  the  time  a  duly  qualified  treasurer  of  the  school 
corporation  for  which  he  draws  the  money  and  au- 
thorized to  act  as  such,  shall  be  guilty  of  a  misde- 
meanor and  shall  upon  conviction  thereof  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars. 

Sec.  904.  USE  OF  SCHOOL  FUNDS.  WHEN 
EMBEZZLEMENT.— Each  treasurer  who  shall  loan 
any  portion  of  the  money  in  his  hands  belonging  to 
any  school  district,  whether  for  consideration  or  not, 
or  who  shall  expend  any  portion  thereof  for  his  own 
or  any  other  person's  private  use,  is  guilty  of  embez- 
zlement, and  no  such  treasurer  shall  pay  over  or  de- 
liver the  school  money  in  his  hands  to  any  officer  or 
person  or  to  any  committee  to  be  expended  by  him  or 
them;  but  all  public  funds  shall  be  paid  out  only  by 
the  proper  treasurer  as  hereinbefore  provided. 

Sec.  905.  ACTION  TO  RECOVER  MONEY 
WHEN  TREASURER  FAILS  TO  PAY  OVER.— 
If  any  person  shall  refuse  or  neglect  to  pay  over  any 
money  in  his  hands  as  treasurer  of  a  school  district  to 
his  successor  in  office  his  successor  must,  without  de- 
lay, bring  action  upon  the  official  bond  of  such  treas- 
urer for  the  recovery  of  such  money.  (See  Appen- 
dix D—Note  13.) 

Sec.  906.  PENALTY,  WHEN  INDORSEMENT 
OF  UNPAID  WARRANTS  IS  NOT  MADE.— 
Any  violation  of  a  district  treasurer  of  the  provisions 
of  this  chapter  requiring  indorsement  of  warrants  not 
paid  for  want  of  funds,  and  the  payment  thereof  in 
the  order  of  presentation  and  indorsement  is  a  misde- 
meanor punishable  by  a  fine  not  exceeding  one  hun- 
dred dollars. 

Sec.  907.  PENALTY  FOR  FALSE  REPORTS. 
—Each  clerk  or  treasurer  of  a  district  who  wilfully 
signs  or  transmits  a  false  report  to  the  county  superin- 


Action  on 
treasurer's 
bond. 


Failure    to    in- 
dorse   unpaid 
warrants — 
penalty  for. 


94 


GENERAL   SCHOOL  LAWS 


Disturbance 
of   school — 
what  is — pen- 
alty   for. 


tendent  or  wilfully  signs,  issues  or  publishes  a  false 
statement  of   facts   purporting  or   appearing  to      be 
False  reports      based  upon^the  books,  accounts  or  records,  or  of  the 
—penalty  for.     affajrs>  resources  and  credit  of  the  district  shall  upon 
conviction  be  punished  by  a  fine  not  exceeding  fifty 
dollars  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding fifteen  days.     '  (See  Appendix  B. — Sec.  306.) 

Sec.  908.  PENALTY  FOR  WILFUL  DIS- 
TURBANCE OF  PUBLIC  SCHOOL.— Each  per- 
son whether  pupil  or  not,  who  wilfully  molests  or  dis- 
turbs a  public  school  when  in  session  or  who  wilfully 
interferes  with  or  interrupts  the  proper  order  of  man- 
agement of  a  public  school  by  act  of  violence,  boister- 
ous conduct  or  threatening  language,  so  as  to  prevent 
the  teacher  or  any  pupil  from  performing  his  duty, 
or  who  shall  in  the  presence  of  the  school  or  school 
children  upbraid,  insult  or  threaten  the  teacher  shall 
upon  conviction  thereof  be  punished  by  a  fine  not  ex- 
ceeding twenty-five  dollars  or  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  ten  days,  or  by 
both. 

Sec.  909.  (Amended.)  PROPOSALS  FOR  CON- 
TRACTS.— No  contract,  except  for  teachers'  or  jan- 
itors' wages,  or  school  text  books,  involving  the  ex- 
penditure of  school  funds  or  money  appropriated  for 
any  purpose  relating  to  the  educational  system  of  this 
state,  or  any  county,  district  or  school  corporation 
therein,  when  the  amount  exceeds  one  hundred  dol- 
lars, shall  be  let  until  proposals  are  advertised  for, 
and  after  such  advertisement,  only  to  the  lowest  re- 
sponsible bidder.  Any  violation  of  this  section  shall 
be  a  misdemeanor.  (Sec  Sec.  pi8.) 

ARTICLE  17. — BONDS. 

Sec.  910.  (Amended.)  SCHOOL  BONDS, 
HOW  ISSUED.— Whenever  a  duly  'constituted 
school  district,  including  independent  school  districts, 
in  any  organized  county  in  the  state  at  any  regular  or 
special  meeting  held  for  that  purpose  shall  determine 
by  a  majority  vote  of  all  the  qualified  voters  of  such 
school  district  present  at  such  meeting  and  voting  to 
issue  school  district  bonds  for  the  purpose  of  building 
and  furnishing  a  school  house  and  purchasing  grounds 
on  which  to  locate  the  same  or  to  fund  any  outstand- 
ing indebtedness  or  for  the  purpose  of  taking  up  any 
outstanding:  bonds  the  district  school  board  mav  law- 


Contracts — 

how   let. 


Bonds — how 
sued. 


STATE   OF   NORTH   DAKOTA 


95 


fully  issue  such  bonds  in  accordance  with  the  provi- 
sions of  this  article.  (See  Appendix  C. — I,  b,  e,  f; 
also  Sec.  p/p;  also  Appendix  D. — Sections  2474- 


Notice    of    elec- 
tion. 


How    long 
posted. 


Voting. 


$ec.  911.  NOTICE  OF  ELECTION  TO  VOTE 
BONDS. — Before  the  question  of  issuing  bonds  shall 
be  submitted  to  a  vote  of  the  school  district,  notices 
shall  be  posted  in  at  least  three  public  and  conspicu- 
ous places  in  such  district,  stating  the  time  and  place 
of  such  meeting,  the  amount  of  bonds  proposed  to  be 
issued  and  the  time  in  which  they  shall  be  made  pay- 
able. Such  notices  shall  be  posted  at  least  twenty 
days  before  the  meeting,  and  the  voting  shall  be  done 
by  means  of  written  or  printed  ballots,  and  all  ballots 
deposited  in  favor  of  issuing  bonds  shall  have  thereon 
the  words  "for  issuing  bonds,"  and  those  opposed 
thereto  shall  have  thereon  the  words  "against  issuing 
bonds,"  and  if  a  majority  of  the  votes  cast  shall  be  in 
favor  of  issuing  bonds  the  school  board,  through  its 
proper  officers  shall  forthwith  issue  bonds  in  accord- 
ance with  such  vote;  but  if  a  majority  of  all  votes  cast 
are  against  issuing  bonds  then  no  further  action  can 
be  had  and  the  question  shall  not  be  again  submitted 
to  a  vote  for  one  year  thereafter,  except,  for  a  differ- 
ent amount;  provided,  that  the  question  of  issuing 
bonds  shall  not  be  submitted  to  a  vote  of  the  district 
and  no  meeting  shall  be  called  for  that  purpose  until 
the  district  school  board  shall  have  been  petitioned  in 
writing  by  at  least  one-third  of  the  voters  of  the  dis- 
trict. 

Sec.  912.  (Amended."}  BONDS,  DENOMIN- 
ATION OF.  INTEREST.  LIMIT  OF  ISSUE. 
—The  denominations  of  the  bonds  which  may  be  is- 
sued under  the  provisions  of  this  article  shall  be  fifty 
dollars  or  some  multiple  of  fifty,  not  exceeding  five 
hundred  dollars,  and  shall  bear  interest  at  a  rate  not 
exceeding  five  iper  cent  per  annum,  payable  semi-an- 
nually  on  the  first  day  of  January  a'nd  July  in  each  interest, 
year,  in  accordance  with  interest  coupons  which  shall 
be  attached  to  such  bonds ;  provided,  that  the  amount 
of  bonds,  including  all  other  indebtedness  shall  not 
exceed  five  per  cent  of  the  assessed  valuation  of  the  Limit  of  issue, 
school  district  and  may  be  made  payable  in  not  less 
than  ten  or  more  than  twenty  years  from  their  date. 


Number    of 

petitioners 

necessary. 


Denomination 
of  bonds. 


96  GENERAL   SCHOOL  LAWS 

Sec.  913.  BONDS,  RECORD  OF  TO  BE  KEPT. 
— Whenever  any  bonds  are  issued  under  the  provi- 
sions of  this  chapter  they  shall  be  lithographed  or 
printed  on  bond  paper  and  shall  state  upon  their  face 
the  date  of  their  issue,  the  amount  of  the  'bonds,  to 
whom  and  for  what  purpose  issued,  also  the  time  and 
place  of  payment,  and  the  rate  of  interest  to  be  paid. 

Description.  They  shall  have  printed  upon  the  margin  the  words 
"Aurthorized  by  article  17  of  chapter  9  of  the  political 
code  of  North  Dakota  of  1905."  Immediately  after 
the  issuing  of  school  bonds  pursuant  to  this  chapter 
the  clerk  of  the  school  district  so  issuing  its  bonds 

SerkeSand  shall  file  with  the  county     auditor  of     the  county  in 

countyanauditor.  which  such  district  is  situated,  certified  copies  of  all 
the  proceedings  had  in  such  district  relative  to  the 
issuing  of  such  bonds  and  also  a  statement  of  the 
amount  of  the  indebtedness  of  such  school  district ; 
and  before  any  of  the  bonds  are  disposed  of  they  shall 
be  presented  to  the  county  auditor  of  the  county  in 
which  the  school  district  issuing  the  same  is  situated. 
He  shall  carefully  examine  the  records  of  the  pro- 
ceedings of  such  school  district  upon  the  question  of 
issuing  such  bonds  as  the  same  are  filed  with  him  as 
hereinbefore  directed,  and  shall  satisfy  himself  by  the 
evidence  thus,  furnished  whether  or  not  all  the  laws  of 
the  state  relative  to  the  issuing  of  such  bonds  have 

Register.  been  complied  with.       If  satisfied  that  they  have  been 

and  that  the  bonds  in  question  have  been  legally  is- 
sued, he  shall  in  a  book  kept  for  such  purpose,  pre- 
serve a  register  of  each  bond  showing  in  separate  col- 
umns the  name  of  the  school  district  issuing  the 
bonds,  the  number  of  such  bonds,  the  denomination 
thereof,  the  date  of  their  issue,  the  date  when  they 
will  mature,  the  names  of  the  school  officers  execut- 
ing the  same  and  such  other  facts  as  may  be  pertinent 
and  he  shall  then  indorse  on  each  of  such  bonds  the 
following  certificate : 

State  of  North  Dakota.  j 

>  ss. 

County   of    ) 

I,   ,  county  auditor,  do  hereby  certify 

that  the 'within  bond  is  issued  pursuant  to  law  and  is 
within  the  debt  limit  prescribed  by  the  constitution  of 
the  state  of  North  Dakota,  and  in  accordance  with  the 

vote  of school  district ,  at  a 

(regular  or  special)  meeting  held  on  the day 

of  .  .A.  D.  190.  .,  to  issue  bonds  to  the  amount 


STATE   OF   NORTH   DAKOTA 


97 


of   dollars,  and  is  a  legal  and  valid  debt 

of  such  school  district;  that  such  bonds  are  duly  reg- 
istered in  this  office  and  that  such  school  district  is    Auditor's  certi- 
legally  organized  and  the  signatures  affixed  to  such    ficate> 
bonds  are  the  genuine  signatures  of  the  proper  officers 
of  such  school  district. 

The  blanks  shall  be  filled  according  to  the  facts 
and  the  certificate  officially  signed  by  the  county  aud- 
itor and  attested  by  his  official  seal.  Such  bonds  shall 
be  signed  by  the  president  and  clerk  of  the  school 
board  and  shall  be  registered  in  a  book  to  be  kept  by 
the  clerk  for  that  purpose  in  which  shall  be  entered 
the  number,  date  and  name  of  the  person  to  whom  is- 
sued and  the  date  when  the  same  will  become  due. — 
(See  Appendix  D. — Note  23.) 

Sec.  914.  SINKING  FUND  AND  INTEREST 
TAX. — In  addition  to  the  amount  that  may  already 
be  assessed  under  existing  laws  there  shall  be  levied 
upon  the  taxable  property  of  the  school  district  so  is- 
suing bonds  at  or  before  their  issuance  and  collected 
as  other  taxes  are  collected  a  sum  sufficient,  not  ex- 
ceeding five  mills  on  the  dollar  of  assessed  valuation 
of  such  districts,  to  pay  interest  upon  such  bonded  in- 
debtedness, and  after  five  years  in  like  manner  a 
further  tax  not  exceeding  two  mills  on  the  dollar  for 
a  sinking  fund  to  be  used  in  payment  of  such  bonds 
when  they  become  due,  and  for  no  other  purpose,  ex- 
cept that  whenever  there  are  sufficient  funds  on  hand, 
belonging  to  such  sinking  fund,  the  school  board  may 
in  its  discretion,  purchase  any  of  the  outstanding 
bonds  at  their  market  value  and  pay  for  the  same  out 
of  such  sinking  fund ;  provided,  that  the  school  dis- 
trict board  may  designate  one  or  more  national  or 
state  banks  in  its  county  for  a  depository  for  such 
sinking  fund,  and  in  such  case  the  school  board  shall 
advertise  for  at  least  two  weeks  in  some  newspaper  Depositories, 
printed  in  the  county  for  sealed  proposals  for  the  de- 
posit of  the  sinking  fund  of  such  school  district,  re- 
serving the  right  to  reject  any  and  all  bids,  and  satis- 
fying itself  of  the  responsibility  of  all  banks  proposing 
to  act  as  depositories.  Before  any  bank  shall  be  des- 
ignated as  such  depository,  it  shall  present  to  the 
school  board  a  sealed  proposal  stating  in  writing  what 
rate  of  interest  will  be  paid  for  the  deposit  of  such 
sinking  fund,  and  shall  submit  to  the  board  for  its 
approval,  a  bond  payable  to  the  school  district  con- 


sinking  fund 

and   interest — 
tax   levy    for. 


School  board 
may  purchase 
bonds. 


-7— 


98 


GENERAL   SCHOOL  LAWS 


School  treas- 
urer released 
from  liability 
on  deposit. 


ditioned  for  the  safe  keeping  and  repayment  of  any 
funds  deposited  in  such  bank,  which  bond  shall  be 
signed  by  not  less  than  three  free-holders  of  the  coun- 
ty as  sureties,  such  bond  to  be  in  the  sum  required  by 
the  school  board  but  in  no  case  less  than  double  the 
probable  amount  of  funds  to  be  deposited  in  such 
bank.  The  approval  of  such  bond  shall  be  in- 
dorsed thereon  by  the  board  and  deposited  with  the 
county  auditor,  and  any  bank  whose  bond  shall  have 
been  so  approved  shall  thereupon  be  designated  by  the 
school  board  as  a  depository  for  the  sinking  fund,  and 
shall  continue  as  such,  until  such  time  as  the  board 
shall  readvertise  for  bids  as  aforesaid,  or  until  such 
funds  are  needed  for  the  payment  or  purchase  of 
bonds  as  provided  in  this  section.  When  the  sink- 
ing fund  of  any  school  district  is  deposited  by  the 
school  treasurer  in  the  name  of  the  school  district  in 
such  depository,  such  treasurer  and  his  sureties  shall 
be  exempt  from  all  liability  thereon  by  reason  of  loss 
of  any  such  funds  from  the  failure,  bankruptcy  or 
any  other  act  of  any  such  bank,  to  the  extent  only  of 
such  funds  in  the  hands  of  such  bank  or  banks  at  the 
time  of  such  failure  or  bankruptcy.  Such  depository 
shall  furnish  to  the  school  district  clerk  prior  to  the 
fifth  day  of  July  of  each  year,  a  verified  statement  of 
the  school  district's  account,  with  such  depository  for 
the  year  ending  June  thirtieth,  which  statement  shall 
show  a  credit  to  such  deposit  account  of  all  sums  of 
interest  accruing  on  the  sinking  fund  deposited.  (See 
Sec.  916.) 

Sec.  915.  BONDS,  HOW  NEGOTIATED.— 
When  any  bonds  shall  be  issued  under  the  provisions 
of  this  article,  the  school  district  treasurer  shall  have 
Negotiation  c  authority  to  negOtiate  and  sell  such  bonds  for  not  less 
than  par,  and  the  said  school  district  treasurer  shall 
apply  the  proceeds  arising  from  the  sale  of  such  bonds 
only  for  the  purpose  of  building  and  furnishing  a 
school  house  and  purchasing  grounds  on  which  the 
said  school  house  shall  be  located,  or  to  fund  any  out- 
standing indebtedness,  or  for  the  purpose  of  taking  up 
any  outstanding  bonds,  as  provided  by  section  910  of 
this  article.  (See  Appendix  V. — VI,  I,  d,  e.) 

Sec.  916.       COUNTY  AUDITOR  MAY  LEVY 
Tax  levy  to       TAX     TO     PAY    BONDS,    WHEN.— When    any 

pay    bonds — by 


county°nauditor    school  board  neglects  or  refuses  to  levy  a  tax  in  ac- 
— when.  cordance  with  law  to  meet  outstanding  bonds  or  the 


STATE   OF   NORTH   DAKOTA 


99 


Bonds — can- 
celled   how — 
record    of. 


Building 
school    house — 
procedure. 


interest  thereon,  the  county  auditor  shall  have  power 
to  levy  such  tax  and  when  collected  to  apply  the  pro- 
ceeds to  the  payment  of  such  coupons  and  bonds. 

Sec.  917.  CANCELLED  BONDS,  RECORDS 
OF. — When  the  bonds  of  any  school  district  shall 
have  been  paid  by  the  school  board  they  shall  be  can- 
celled by  writing  or  printing  in  red  ink  the  words 
"cancelled  and  paid"  across  each  bond  and  coupon 
and  the  date  of  payment  and  amount  paid  shall  be 
entered  in  the  clerk's  register  against  the  proper  num- 
ber /-of  the  bonds  and  bonds  so  cancelled  shall  be  filed 
in  the  office  of  the  district  treasurer  until  all  the  out- 
standing bonds  are  paid,  when  they  shall  be  destroyed 
in  the  (presence  of  the  full  board. 

Sec.  918.  PROPOSALS  FOR  BUILDING 
SCHOOL  HOUSES.— When  any  school  house  is 
built  with  funds  provided  for  in  the  manner  herein 
authorized,  the  schgol  board  shall  advertise  at  least 
thirty  days  in  some  newspaper  printed  in  the  county 
or  by  posting  notices  for  the  same  length  of  time  in 
at  least  three  of  the  most  public  and  conspicuous  plac- 
es if  no  newspaper  is  published  in  the  county,  for 
sealed  proposals  for  building  and  furnishing  such 
school  house  in  accordance  with"  plans  and  specifica- 
tions furnished  by  the  school  board,  reserving  the 
right  to  reject  any  and  all  bids,  and  if  any  of  the  pro- 
posals shall  be  reasonable  and  satisfactory  such  board 
shall  award  the  contract  to  the  lowest  responsible  bid- 
der and  shall  require  of  such  contractor  a  bond  in 
double  the  amount  of  the  contract,  conditioned  that 
he  will  properly  account  for  all  money  and  property  of 
the  school  district  that  may  come  into  his  hands  and 
that  he  will  perform  the  conditions  of  his  contract  in 
a  faithful  manner  and  in  accordance  with  its  provi- 
sions;  and  in  case  all  the  proposals  are  rejected,  such 
board  shall  advertise  anew  in  the  same  manner  as 
before  until  a  reasonable  bid  shall  be  submitted.  (See 
Appendix  B.) 

Sec.  919.  PROVISIONS  OF  THIS  ARTICLE, 
HOW  APPLICABLE.— The  provisions  of  this  arti- 
cle shall  be  applicable  to  and  authorize  the  issuance  of 
bonds  by  such  school  districts  as  have  already  built 
school  houses  and  issued  orders  or  warrants  therefor 
and  any  such  school  district  may  vote  to  bond  the  in- 
debtedness incurred  by  reason  of  building  and  fur- 
nishing a  school  house  and  purchasing  a  site  for  the 


Bond    by    con- 
tractor. 


Re-advertise   — 
when. 


Districts  with 
school  houses 
may  bond. 


100 


GENERAL  SCHOOL  LAWS 


Funds  to  be 
deposited. 


Fire  escape  pro- 
be  designated 
— when. 


same  and  bonds  may  be  issued  in  the  same  manner 
as  hereinbefore  provided  for  building  and  furnishing 
school  houses. 

ARTICLE  18. — SCHOOL  FUNDS. 

Sec.  920.  SCHOOL  FUNDS  REQUIRED  TO 
BE  DEPOSITED.— All  funds  of  each  and  every  city 
or  school  district  of  this  state  shall  be  deposited  by 
the  treasurer  of  the  city,  county  or  school  district,  as 
soon  as  received  by  him,  in  the  name  of  the  city  or 
school  district  of  which  he  is  an  officer,  in  such  bank 
or  banks  as  shall  have  been  designated  as  city  or 
school  district  depositories  in  accordance  with  this 
article,  as  hereinafter  provided. 

Sec.  921.  DEPOSITORIES  TO  BE  DESIG- 
NATED.— The  city  council  or  school  board  of  each 
and  every  city  qr  school  district  of  this  state,  at  its 
first  regular  meeting  after  this  article  shall  take  effect 
and  at  its  first  regular  meeting  in  July  of  each  odd 
numbered  year  thereafter,  shall  designate  one  or  more 
national  or  state  banks  in  its  city  or  district  or  county 
as  city  or  school  district  depositories,  in  which  all  of 
the  funds  of  such  city  or  school  district  shall  be  de- 
posited. 

Sec.   922.       CITY     AUDITOR     OR     SCHOOL 
CLERK  TO  ADVERTISE  FOR  PROPOSALS.- 
The  city     auditor  or     school  clerk     of     each  city  or 
school  district  shall  advertise  in  one  or  more  news- 
papers of  the  city,  county  or  village,  for  at  least  two 
Proposals—  Ad-  weeks  immediately  prior  to  such  meeting  for  sealed 
vertisement—      proposals   for  the   deposit   of   funds   of   such   city   or 

when — contents.    r  «.       ,\  ,.         .  1-1 

school  district,  which  advertisements  shall  state  the 
date  up  to  which  such  proposals  will  be  received, 
which  date  shall  be  the  day  of  the  meeting  of  the  city 
council  or  school  board,  at  which  such  proposals  are 
to  be  opened.  Such  proposals  shall  state  in  writing 
what  rate  of  interest  will  be  paid  on  average  daily 
balances  during  the  month,  interest  to  be  paid  month- 
ly on  condition  that  such  funds,  with  accrued  inter- 
est, shall  be  held  subject  to  draft  at  all  times  on  de- 
mand. Such  proposals  shall  be  inclosed  in  sealed  en- 
velopes, addressed  to  the  city  auditor  or  school  clerk 
and  marked  "Proposals  for  deposit  of  city  or  school 
funds,"  and  shall  be  by  the  city  auditor  or  school 
clerk  filed  in  his  office. 


STATE  OF  NORTH   DAKOTA 


101 


Proposals — con- 
sidered   when. 


depository. 


Sec.  923.  HOW  PROPOSALS  ACTED  ON. 
BOND  REQUIRED.—  Such  proposals  shall  be  pre- 
sented to  the  city  council  or  school  board  at  such 
meetings,  and  then,  but  not  till  then,  shall  be  opened 
by  the  city  auditor  or  school  clerk  in  the  presence  of 
the  council  or  school  board,  and  the  council  or  school 
board  shall  thereupon  proceed  to  accept  the  proposal 
of  the  bank  or  banks  offering  the  highest  rate  of  in- 
terest, not  inconsistent  therewith,  subject  to  the  filing 
of  a  satisfactory  bond  as  hereinafter  provided,  the 
amount  of  which  bond  shall  then  and  there  be  fixed 
by  the  city  council  or  school  board.  Before  any  bank 
shall  be  designated  as  such  depository,  it  shall  submit 
to  the  city  council  or  school  board  for  its  approval  a 
bond  payable  to  the  city  or  school  district  conditioned 
for  the  safe  keeping  and  repayment  of  any  and  all 
funds  deposited  in  such  banks,  which  bond  shall  be 
signed  by  not  less  than  five  freeholders  of  the  county  Bond  of 
or  state  as  -sureties;  such  bond  to  be  in  the  sum  re- 
quired by  the  city  council  or  school  board,  but  in  no 
case  less  than  double  the  probable  amount  of  funds 
to  be  deposited  in  such  bank.  If  at  any  time  the 
amount  of  funds  on  deposit  in  any  such  depositories 
shall  exceed  one-half  of  the  amount  named  in  such 
bond,  it  shall  be  the  duty  of  the  city  council  or  school 
board  at  its  next  regular  meeting  thereafter  to  re- 
quire from  such  depository  an  additional  bond  in  a 
sum  not  less  than  twice  the  amount  of  such  excess. 
Such  bond  shall  be  approved  by  the  city  council  or 
school  board  and  the  approval  indorsed  thereon  by 
the  mayor  or  president  of  the  school  board,  and  by 
him  deposited  with  the  city  auditor  or  school  district 
clerk  ;  and  any  bank  whose  bond  shall  have  been  so 
approved  shall  thereupon  be  designated  by  the  city 
council  or  school  board  as  a  city  or  school  district  de- 
pository and  shall  continue  as  such  until  such  time 
as  the  city  council  or  school  board  shall  advertise  for 
bids  as  aforesaid.  If  the  city  council  or  school  board 
fails  or  refuses  to  approve  such  bond,  the  same  may 
be  presented  to  the  judge  of  the  district  court,  upon 
three  days'  notice  to  the  city  auditor  or  school  district 
clerk,  who  shall  proceed  to  hear  and  determine  the 
sufficiency  of  such  bond,  and  may  approve  such  bond,  proved  by 
and  the  said  bank  shall  be  declared  a  city  or  school  whom- 
district  depository  as  aforesai'd.  The  sureties  on 
such  bond  shall  be  required  to  justify  as  required  by 


Bond    approved. 


to 
° 


ap- 


102 


GENERAL  SCHOOL  LAWS 


Equal   bids — 
how  decided. 


law  in  arrest  and  bail  proceedings ;  provided,  how- 
ever, that  in  lieu  of  such  personal  bond,  the  city  coun- 
cil or  school  board  may  require  such  banks  or  bank  to 
file  a  surety  company  bond  for  a  sum  equal  to  the 
•  amount  of  funds  such  bank  may  receive  according  to 
the  provisions  of  this  article.  If  at  any  time  the 
amount  of  funds  on  deposit  in  such  depositories  shall 
exceed  the  amount  named  in  such  surety  company 
— dwhennal  b°nd  bond,  it  shall  be  the  duty  of  the  city  council  or  school 
board  at  its  next  -regular  meeting  thereafter  to  require 
from  such  depositories  an  additional  surety  bond  in 
tne  sum  of  not  less  than  the  amount  of  such  excess. 
Such  surety  company's  bond  shall  be  approved  as  pro- 
vided by  law. 

Sec.  924.  IN  CASE  BIDS  ARE  EQUAL,  HOW 
DECIDED. — When  two  or  more  banks  in  the  same 
city  or  village,  proposing  to  be  city  or  school  district 
depositories,  offer  the  same  rate  of  interest,  it  shall  be 
the  duty  of  the  city  council  or  school  board  to  select, 
impartially,  as  many  of  such  banks  as  depositories  as 
offer  ample  security  for  such  deposits.  In  estimat- 
ing the  value  of  the  security  offered  by  any  proposed 
depository  the  capital,  surplus  and  general  credit  of 
the  bank  shall  be  taken  into  consideration,  as  well  as 
the  bonds  proposed  to  be  given. 

Sec.  925.  TWO  OR  MORE  BANKS  MAY  BE 
DESIGNATED. — In  case  two  or  more  banks  be  des- 
ignated as  depositories,  the  city  or  school  district 
treasurer  shall,  as  far  as  practicable,  keep  in  each  of 
the  several  depositories  equal  balances  at  all  times ; 
provided,  that  in  cities  or  villages  where  two  or  more 
•banks  are  designated  as  depositories,  the  amount  de- 
posited in  any  bank  shall  not  exceed  the  capital  of 
the  banks  in  said  city  or  village,  then  the  city  council 
or  school  board  shall  deposit  the  funds  of  the  city  or 
school  district  in  the  banks  of  the  city  or  village  upon 
their  giving  a  bond  according  to  law. 

Sec.  926.  WHEN  TIME  DEPOSITS  MAY  BE 
MADE. — Whenever  there  shall  be  accumulated  in  the 
sinking  fund  or  any  other  revenue,  city  or  school  dis- 
trict fund,  established  by  law,  in  any  of  the  cities  or 
school  districts  of  this  state,  an  amount  of  money  ex- 
ceeding two  hundred  dollars,  and  for  which  there 
is  no  immediate  use,  the  city  council  ot  school  board 
of  such  city  or  school  district  is  authorized  and  em- 
powered to  direct  a  time  deposit  of  such  funds  for  a 


Two   or  more 
depositories. 


Time    deposits. 


STATE   OF   NORTH   DAKOTA 


103 


Depositories 
for    time    depos- 
its— how 
selected. 


period  of  one  year  or  six  months,  as  they  may  deem 
expedient,  either  in  one  or  more  of  the  city  or  school 
district  depositories  created  by  law,  or  such  state  or 
national  bank  as  the  city  council  or  school  board  may 
designate. 

Sec.  927.  HOW  DEPOSITORIES  FOR  TIME 
DEPOSITS  ARE  SELECTED.— The  depositories 
for  such  time  deposits  of  the  city  or  school  district 
funds  may  be  designated  at  any  regular  meeting  of 
the  city  council  or  school  board  of  such  city  or  school 
district  upon  the  advertisement  and  proposals  as  pro- 
vided by  law  for  designating  the  depositories  of  the 
general  city  or  school  district  funds,  and  the  bank  or 
banks  designated  as  the  depository  or  depositories  of 
such'  time  deposits  of  such  city  or  school  district  funds 
shall  be  required  to  furnish  a  bond  in  the  same 
amount,  manner  and  form  as  prescribed  by  law  for 
the  several  city  and  school  district  depositories. 

-Sec,  928.  MAXIMUM  RATE  OF  INTEREST 
ON  CALL  DEPOSITS.— To  further  secure  the 
safety  of  the  city  or  school  district  funds  deposited 
under  the  provisions  of  this  article  the  city  council 
or  school  board  shall  satisfy  itself  of  the  responsibil- 
ity of  the  several  banks  proposing  to  act  as  depositor- 
ies, and  any  bank  offering  more  than  four  per  cent 
per  annum  on  deposits,  subject  to  check,  shall  not  be 
designated  as  a  depository  under  the  provisions  of  this 
article :  provided,  this  act  shall  not  apply  to  school  dis- 
tricts in  incorporated  cities  or  villages. 

Sec.  929.  IN  WHOSE  NAME  DEPOSITED-.— 
All  funds  in  the  city  or  school  district  shall  be  depos- 
ited in  the  name  of  the  city  or  school  district  by  the 
city  treasurer  or  treasurer  of  the  school  district,  as 
soon  as  received  by  him,  in  such  bank  or  banks  as  shall 
have  been  designated  as  city  or  school  district  depos- 
itories. 

Sec.  930.  PENALTY  FOR  VIOLATION.— If 
any  city  or  school  district  treasurer  shall  deposit  any 
of  the  funds  of  his  city  or  school  district  or  loan  the 
same  in  any  manner  except  according  to  the  provi- 
sions of  this  article,  he  shall  be  liable  to  a  penalty  of 
five  hundred  dollars  for  each  deposit  or  loan  so  made. 

Sec.  931.  BANKS  TO  FURNISH  MONTH- 
LY STATEMENTS.— Each  depository  shall  furnish 
to  the  city  auditor  or  clerk  of  the  school  district  on 


Rate   of 
interest. 


Funds  to  be  de- 
posited in  name 
of    school    dis- 
trict. 


Penalty. 


104 


GENERAL  SCHOOL  LAWS 


Banks  must  fur- 
nish   monthly 
statement. 


Checks — how 
signed. 


the  first  day  of  each  month  an  itemized  statement  of 
the  account  of  the  city  or  school  district  with  such  de- 
pository, duly  verified  by  the  affidavit  of  the  cashier 
of  such  bank,  which  statement  shall  be  filed  and  care- 
fully preserved  in  the  office  of  the  city  auditor  or 
school  clerk.  All  sums  of  interest  accruing  on  the 
funds  deposited  as  aforesaid  shall  be  credited  to  such 
deposit  account  on  the  first  day  of  each  month  for  the 
preceding  month,  and  a  statement  of  such  interest 
shall  be  rendered  by  such  depository  to  the  city  audi- 
tor or  school  clerk  on  the  first  day  of  each  month  and 
the  auditor  or  clerk  shall  charge  the  treasurer  with 
the  amount  thereof  and  credit  the  sum  to  the  general 
funds  of  the  city  or  school  district. 

Sec.  932.  HOW  CHECKS  SHALL  BE  SIGNED. 
• — All  checks  drawn  upon  the  city  or  school  district 
depositories  shall  be  signed  by  the  city  or  school  dis- 
trict treasurer  in  the  name  of.  the  city  or  school  dis- 
trict, by  himself  as  treasurer. 

Sec.  933.  WHEN  BIDS  NOT  REQUIRED.— It 
is  the  duty  of  the  officers  mentioned  in  this  article  to 
comply  with  the  provisions  hereof ;  provided,  that 
in  cities  or  villages  where  only  one  bank  is  located, 
the  city  council  or  school  board  shall  designate  such 
bank  or  other  bank  within  this  state  the  depository 
without  advertising  for  bids,  if  such  bank  agrees  to 
pay  interest  at  the  rate  of  at  least  two  per  cent  per 
annum  and  furnishes  a  bond  as  hereinbefore  provided 
for  the  safe  keeping  and  repayment  of  any  funds  de- 
posited in  such  bank.  In  cities  or  villages  or  coun- 
ties where  there  is  no  bank  or  where  no  bank  offers 
to  comply  with  the  requirements  of  this  act,  the  city 
council  or  school  board  must  designate  some  bank  or 
banks  outside  of  such  city  or  village  and  within  this 
state  as  such  depositories,  but  (such)  bank  or  banks 
must  furnish  a  bond  in  the  same  manner  as  other  de- 
positories. 

Sec.  934.  TREASURER  NOT  LIABLE  FOR 
FUNDS  DEPOSITED  BY  REASON  OF  BANK 
FAILURE. — When  the  funds  of  any  city  or  school 
district  are  deposited  by  the  city  or  school  district 
treasurer  as  provided  herein,  such  treasurer  and  his 
sureties  shall  be  exempt  from  all  liability  thereon  by 
reason  of  the  loss  of  any  funds  from  the  failure,  bank- 
ruptcy or  any  other  act  of  such  bank  to  the  extent  only 


When  bids  are 
not    required. 


Banks  outside 
the   district. 


Treasurer, 
when    exempt 
from    liability 


STATE   OF   NORTH   DAKOTA 


105 


of  such  funds  in  the  hands  of  such  bank  or  banks  at 
the  time  of  such  failure  or  bankruptcy. 

Sec.  935.  EXCEPTIONS  TO  LAW.— It  shall 
not  be  incumbent  upon  the  city  council  or  school  board 
to  designate  depositories  as  herein  provided  for  until 
the  amount  in  such  city  or  school' treasury  equals  or 
exceeds  the  sum  of  five  hundred  dollars. 

Sec.  936.  VIOLATION  CONSTITUTES  MIS- 
MEANOR. — Any  officer  violating  any  of  the 
provisions  of  this  article  shall  be  deemed  guilty  of  a 
misdemeanor. 


Exceptions. 


Violation  mis- 
demeanor. 


ARTICLE  19. — SPECIAL  DISTRICTS. 

Sec.  937.  (Amended.)  CITIES  GOVERNED 
BY  THE  PROVISIONS  OF  THIS  ARTICLE.— 
All  cities  and  incorporated  towns  and  villages  which 
have  heretofore  been  organized  under  the  general 
school  laws,  and  which  are  provided  with  a  board  of 
education,  shall  be  governed  by  the  provisions  of  this 
article.  Any  city  or  incorporated  town  or  village, 
having  a  population  of  over  one  hundred  and  fifty  in- 
habitants may  be  constituted  a  special  school  district 
in  the  manner  hereinafter  prescribed,  and  shall  then 
be  governed  by  the  provisions  of  this  article ;  provid- 
ed, that  any  city  heretofore  organized  for  school  pur- 
poses under  a  special  act,  may  adopt  the  provisions 
of  this  article  by  a  majority  vote  of  the  voters  therein, 
in  the  same  manner  as  is  provided  for  the  organization 
of  a  new  corporation  under  the  provisions  of  this  ar- 
ticle. (See  Sec.  952.} 

Sec.  938.  SPECIAL  SCHOOL  DISTRICTS, 
CREATION  OF.— Whenever  any  platted  or  incor- 
porated city,  town  or  village  having  a  population  of 
over  two  hundred  inhabitants  shall  constitute  a  por- 
tion of  a  school  district,  it  may  be  organized  into  a 
special  school  district,  alone  or  with  contiguous  ter- 
ritory, and  the  property  and  indebtedness  of  such  or- 
ganized school  district  divided  as  hereinafter  pro- 
vided. 

Sec.  939.  SUPERINTENDENT  SHALL  CALL 
ELECTION  ON  PETITION.  WHEN.— In  such 
cases  a  petition  signed  by  a  majority  of  the  voters  of 
such  school  district,  including  women  who  are  legal 
voters,  as  shown  by  the  last  election  therein,  may  be 
presented  to  the  county  superintendent  of  schools  for 
the  division  of  such  school  district  and  the  organiza- 


Special   dis- 
tricts. 


What  may  be- 
come. 


Formed    from 
other  district. 


Division   — how 
accomplished. 


106 


GENERAL  SCHOOL  LAWS 


tion  of  such  city,  town  or  village  together  with  such 
territory  contiguous  thereto  as  may  be  described  in 
said  petition  into  a  special  school  district,  and  setting 
forth  in  detail  the  boundaries  of  such  proposed  special 
districts,  the  manner  and  terms  of  the  division  of  the 
property,  real  and  personal,  and  the  indebtedness, 
bonded  or  otherwise,  of  such  school  districts  as  de- 
sired by  the  petitioners,  and  thereupon  such  superin- 
tendent shall  within  five  days  call  an  election  to  be 
held  in  such  proposed  special  district,  incorporated 
city,  town  or  village,  and  an  election  to  be  simultan- 
eously held  in  that  portion  of  such  school  district,  sit- 
uated outside  of  such  proposed  special  school  district, 
city,  town  or  village. 

Sec.  940.  NOTICE  GIVEN.  ELECTION,  HOW 
HELD. — Such  superintendent  shall  cause  notice  of 
each  of  such  elections  to  'be  given  by  publishing  no- 
tice thereof,  stating  the  time  and  place  of  holding 
such  elections,  in  a  newspaper  published  in  such 
school  district  (if  any,  and  if  there  is  no  newspaper 
published  in  such  school  district)),  then  by  posting 
notices  of  the  election  to  be  held  in  such  proposed 
special  school  district,  city,  town  or  village  in  five  pub- 
lic places  in  said  district  outside  of  such  proposed  spe- 
cial school  district,  city,  town  or  village.  Such  no- 
tices shall  be  posted  or  published  not  less  than  ten 
days  nor  more  than  fifteen  days  before  such  an  elec- 
tion. Such  superintendent  shall  appoint  judges  and 
clerks  of  such  elections  and  the  same  shall  be  held  and 
conducted  in  the  same  manner,  and  the  polls  shall  be 
opened  and  closed  at  the  same  time  as  in  other  school 
district  elections,  and  the  result  of  such  elections  shall 
be  certified  and  delivered  to  such  superintendent  with- 
in three  days  after  the  close  of  the  polls. 

Sec.  941.  BALLOTS,  HOW  PRINTED.— There 
shall  be  printed  on  the  ballots  used  at  such  elections 
the  following  statement:  "For  the  division  of  (here 
state  the  name  of  the  district  to  be  divided)  and  the 

Ballots    — form         ...  111  r    ««  /TT 

division  of  its  property  and  debts  as  follows:  (Here 
state  the  boundaries  of  the  proposed  special  school  dis- 
trict and  the  manner  and  terms  of  such  division  as 
set  forth  in  the  petition  filed.)"  The  voter  shall 
write  after  such  statement  the  word  "Yes"  if  in  favor 
of  such  division,  and  the  word  "No"  if  against  it. 

Sec.  942.  SUPERINTENDENT  SHALL  NOTI- 
FY PRESIDENT  OF  SCHOOL  BOARD.— Such 


Notice  of  the 
election   by 
publication. 


By  posting. 


Election   offi- 
cers. 


of. 


STATE  OF   NORTH   DAKOTA 


107 


District    divid- 
ed— when. 


Election  of  of- 
ficers for  new 
district. 


superintendent  shall    thereupon     forthwith  notify  the    Notice  of  re. 
president  of  the  school  board  of  such  school  district    suit  to  school 
and  the  auditor  or  clerk  of  such  city,  town  or  village, 
of  the  result  of  such  elections. 

Sec.  943.  DISTRICTS  CONSTITUTED.— If 
such  elections  shall  each  be  in  favor  of  the  division 
of  such*  "school  district,*  such  proposed  special  school 
district,  city,  town  or  village  shall  thereafter  consti- 
tute a  special  school  district,  and  such  original  school 
district  situated  outside  of  such  special  school  district, 
city,  town  or  village  shall  constitute  a  school  district. 

Sec.  944.  i  ELECTION  OF  OFFICERS  FOR 
SPECIAL  DISTRICT  AND  DISTRICT.— The 
county  superintendent  shall  thereupon  call  an  election 
for  the  election  of  officers  of  such  special  school  dis- 
trict and  school  district  of  which  notice  shall  be  given 
for  at  least  fifteen  days,  which  elections  shall  be  held 
as  in  other  cases,  in  school  districts,  and  special  school 
districts,  and  such  special  school  district  shall  there- 
after be  subject  to  all  provisions  of  law  affecting  other 
school  districts. 

Sec.  945.  DIVISION  OF  PROPERTY.— Such 
school  district  and  such  special  school  district  shall 
thereupon  proceed  to  divide  the  property,  of  such  orig- 
inal school  district  according  to  such  petition  and 
shall  be  bound  respectively  to  pay  the  indebtedness  of 
such  district  as  provided  in  such  petition,  and  may 
make  any  contracts  or  conveyances  necessary  to  carry 
into  effect  all  the  provisions  of  such  petition. 

Sec.  94G.  BONDED  INDEBTEDNESS.  TAX 
TO  BE  LEVIED  TO  PAY.— In  case  such  original 
school  district  shall  have  outstanding  any  bonded  debt 
for  the  payment  of  which  no  sufficient  levy  of  taxes 
has  been  made,  the  board  of  education  of  such  special 
school  district  and  the  school  board  of  such  school  dis- 
trict, shall  at  the  time  of  making  the  next  annual  tax 
levy,  levy  a  tax  sufficient  to  pay  the  interest  and  also 
the  principal  of  so  much  of  such  bonded  debt  as  shall 
be '  assumed  by  such  special  school  district  and  such 
school  district  respectively  as  the  same  mature  and 
shall  designate  the  amount  of  such  tax  to  be  collected 
in  each  year  thereafter,  and  shall  certify  such  levy  to 
the  county  auditor  who  shall  thereupon  enter  and  ex- 
tend upon  the  tax  list  in  each  year  the  amount  of  such 
tax  to  be  collected  in  that  year. 


Division  of 
property  and 
debts. 


Division   of 
bonded    indebt- 
edness— and 
levy  therefor. 


108 


GENERAL  SCHOOL  LAWS 


Formation   of 
special   dis- 
tricts  under 
present  law. 


tached. 


Sec.  947.  BONDED  DEBT.  SPECIAL  SCHOOL 
DISTRICT  AND  SCHOOL  DISTRICT  TO  PAY. 
Same.  — Such  special  school  district  and  such  school  district 

shall  provide  for  and  pay  according  to  the  terms  of 
the  bonds,  such  portion  of  such  bonded  debt  as  is  as- 
sumed 'by  it. 

Sec.  948.  FORMATION  OF  UNDER  PRES- 
ENT LAW  NOT  PROHIBITED.— Nothing  in  this 
act  shall  be  construed  to  prevent  or  affect  the  forma- 
tion of  special  school  districts  in  accordance  with  pro- 
visions of  law  now  in  force,  or  to  require  the  equaliza- 
tion or  adjustment  of  the  property  assets  or  indebted- 
ness of  districts  formed  under  the  provisions  of  this 
act,  otherwise  than  as  herein  provided. 

Sec.  949.  (Amended.)  ADJACENT  TERRI- 
TORY, HOW  ATTACHED  FOR  SCHOOL  PUR- 
POSES.— When  any  city,  town  or  village  has  been 
organized  for  school  purposes  and  provided  writh  a 
Adjacent  ter-  board  of  education  under  any  general  law,  or  a  special 
ritory— how  at-  act,  or  under  the  provisions  of  this  article,  territory 
outside  the  limits  thereof  but  adjacent  thereto  may  be 
attached  to  such  city,  town  or  village  for  school  pur- 
poses by  the  board  of  education  thereof,  upon  applica- 
tion in  writing  signed  by  a  majority  of  the  voters  of 
such  adjacent  territory;  provided,  that  no  territory 
shall  be  annexed  which  is  at  a  greater  distance  than 
three  miles  from  the  central  school  in  such  special  dis- 
trict, except  upon  peti'tion  signed  by  two-thirds  of  the 
school  voters  residing  in  the  territory  which  is  at  a 
greater  distance  than  three  miles  from  the  central 
school  in  such  special  district ;  and,  upon  such  appli- 
ciation  being  made,  if  such  board  shall  deem  it  proper 
and  to  the  best  interests  of  the  school  of  such  cor- 
poration and  of  the  territory  to  be  attached,  an  order 
shall  be  issued  by  such  board  attaching  such  adjacent 
territory  to  such  corporation  for  school  purposes,  and 
the  same  shall  be  entered  upon  the  records  of  the 
board.  Such  territory  shall  from  the  date  of  such 
order  be  and  compose  a  part  of  such  corporation  for 
school  purposes  only.  Such  adjacent  territory  shall 'be 
attached  for  voting  purposes  to  such  corporation,  or, 
if  the  election  is  held  in  wards,  to  the  ward  or  wards 
or  election  precinct  or  precincts  to  which  it  lies  adja- 
cent ;  and  the  voters  thereof  shall  vote  only  for  school 
officers  and  upon  such  school  questions ;  provided,  that 
nothing  in  this  act  shall  prevent  any  such  adjacent  ter- 


STATE   OF  NORTH   DAKOTA 


109 


Name  and 
powers    of 
school    corpora- 
tion. 


ritory  being  annexed  because  of  such  adjacent  terri- 
tory being  in  an  adjoining  county,  and  that  the  county 
commissioners  shall  detach  any  part  of  such  adjacent 
territory  which  is  at  a  greater  distance  than  three 
miles  from  the  central  school  in  such  special  district 
and  attach  to  any  adjacent  school  or  special  district  or 
districts  upon  petition  to  do  so,  signed  by  three- 
fourths  of  the  legal  voters  of  such  adjacent  territory, 
and  all  assets  and  liabilities  shall  be  equalized  accord- 
ing to  section  864. 

Sec.  950.  NAME  OF  BODY  CORPORATE.— 
Every  such  district  shall  be  a  body  corporate  for 
school  purposes  by  the  name  of  "The  board  of  educa- 
tion of  the  city,  town  or  village  (as  the  case  may  be) 

of (here  insert  the  corporate  name  of  the 

city,  town  or  village)  of  the  state  of  North  Dakota,'* 
and  shall  possess  all  the  powers  and  duties  usual  to 
corporations  for  public  purposes  or  conferred  upon  it 
by  this  article  or  which  may  hereafter  be  conferred 
upon  it  by  law ;  and  in  such  name  it  may  sue  and  be 
sued,  contract  and  be  contracted  with,  and  hold  and 
convey  such  real  and  personal  property  as  shall  come 
into  its  possession  by  will  or  otherwise;  and  it  shall 
procure  and  keep  a  corporate  seal  by  which  its  official 
acts  may  be  attested. 

Sec.  951.  CONVEYANCE  OF  SCHOOL  PRO- 
PERTY, HOW  EXECUTED.— Any  such  city  or  in- 
corporated town  or  village  is  authorized  and  required 
upon  the  request  of  the  board  of  education,  to  convey 
to  such  board  of  education  all  property  within  the 
limits  of  any  such  corporation  heretofore  purchased 
by  it  for  school  purposes  and  now  held  and  used  for 
such  purposes,  the  title  to  which  is  vested  in  any  such 
civil  corporation.  All  conveyances  for  such  property 
shall  be  signed  by  the  mayor  or  president  of  the  board 
of  trustees  and  attested  by  the  clerk  of  such  corpora- 
tion, and  shall  have  the  seal  of  the  corporation  affixed 
thereto  and  be  acknowledged  by  the  mayor  or  presi- 
dent in  the  same  manner  as  other  conveyances  of  real 
estate. 

Sec.  952.  SPECIAL  SCHOOL  DISTRICTS, 
HO\V  ORGANIZED.— When  a  petition  signed  by 
one-third  of  the  voters  of  a  city,  incorporated  town  or 
village  or  a  school  district,  in  which  is  located  a  city 
or  incorporated  town  or  village  entitled  to  vote  a't 
such  election,  is  presented  to  the  council  or  trustees  of 


School  proper- 
ty— how    con- 
veyed. 


Organization 
of    special 
school     districts. 


HO  GENERAL   SCHOOL  LAWS 

such  city,  incorporated  town  or  village  or  school  dis- 
trict, asking  that  such  city,  incorporated  town  or  vil- 
lage or  school  district  be  organized  as  a  special  school 
district,  such  council  or  board  of  trustees  shall  within 
ten  days  order  an  election  for  such  purpose,  notice  of 
which  shall  be  given,  and  the  election  conducted  and 
the  returns  made  in  the  manner  provided  by  law  for 
the  annual  school  election ;  and  the  voters  of  such  city, 
incorporated  town  or  village  or  school  district  shall 
vote  for  or  against  organization  as  a  special  school 
district  at  such  election.  (See  Sec.  PJ7-) 

Sec.  953.       ELECTION  OF  BOARD  OF  EDU- 
CATION.— If  a  majority  of  the  votes  cast  at  such 
election  is  for  -organization  as  a  special  school  district, 
another  election  shall  be  called  in  the  same  manner  as 
is  prescribed  in  the  foregoing  section,  at  which  the 
Ration— dec?""     voters  of  such  city,  incorporated  town  or  village  or 
tion  of-  school  district  shall  elect  five  members  of  the  'board 

of  education,  two  of  whom  shall  serve  until  the  first 
annual  election,  two  until  the  second  annual  election, 
and  one  until  the  third  annual  election  thereafter,  and 
until  their  successors  are  elected  and  qualified,  and 
their  resipective  terms  shall  be  determined  by  lot. 

Sec.  954.      TERMS  OF  OFFICE.    QUORUM.- 
The  board  of  education  of  each  special  district  shall 
consist  of  we  members  who  shall  be  elected  by  the 
N«mber— _  term  jegai  voters  thereof  and  who  shall  hold  their  office 
quorum.  for  the  term  of  three  years  and  until  their  succes- 

sors are  elected  and  qualified,  except  as  provided  for 
first  elections  under  this  article,  and  three  members 
shall  constitute  a  quorum  for  the  transaction  of  bus- 
iness at  any  legal  meeting. 

Sec.  955.       COMPENSATION  OF  MEMBERS 
WHO  MUST  NOT  BE  INTERESTED  IN  CON- 
TRACTS.— Each  member  of  such  board  of  education 
shall  receive  a  compensation  of  one  dollar  and  fifty 
Board  to  re-      cents  for  each  meeting  of  such  board  actually  attended 

ceive    no    com-  -11,1  ,•  i"    n    i_          1 

pensation  nor  by  him;  provided,  that  no  compensation  shall  be  al- 
i*n  Contracts.  lowed  for  more  than  one  meeting  in  each  calendar 
month.  The  members  shall  not  be  interested,  direct- 
ly or  indirectly,  in  any  contract  for  making  any  im- 
provements or  repairs,  or  for  erecting  any  building  or 
for  furnishing  any  materials  or  supplies  for  their  dis- 
trict. 

Sec.   956.       ANNUAL  AND  SPECIAL  MEET- 
INGS OF  BOARD.— The  annual  meeting     of  such 


STATE  OF   NORTH   DAKOTA 


111 


board  of  education  shall  be  held  on  the  second  Tues- 
day in  July  following  the  annual  election,  at  which 
time  the  newly  elected  members  shall  assume  the  du- 
ties of  their  office.  Each  board  shall  meet  for  the 
transaction  of  business  as  often  as  once  in  each  calen- 
dar month  thereafter  and  may  adjourn  for  a  shorter 
time.  Special  meetings  may  be  called  by  the  presi- 
dent or  in  his  absence  by  any  two  members  of  the 
board  by  giving  a  personal  notice  to  each  member 
of  the  board  or  by  causing  a  written  or  printed  notice 
to  be  left  at  his  last  place  of  residence  at  least  forty- 
eight  hours  before  the  time  of  such  meeting. 


Meetings. 


Special    meet- 
ings. 


Officers    of 
board. 


Clerk. 


Duties  of  presi- 
dent. 


Sec.  957.  ORGANIZATION  OF  BOARD.— At 
the  annual  meeting  on  the  second  Tuesday  in  July  of 
each  year  such  board  of  education  shall  organize  by 
electing  a  president  from  among  its  members  who 
shall  serve  for  one  year;  and  they  shall  also  elect  a 
clerk,  not  one  of  their  own  number,  who  shall  hold  his 
office  during  the  pleasure  of  the  board  and  receive 
such  compensation  for  his  services  as  shall  be  fixed 
by  the  board.  In  the  absence  of  the  president  at  any 
meeting,  a  president  pro  tempore  may  be  elected  by 
the  board. 

Sec.  958.  DUTIES  OF  PRESIDENT.— The 
president  shall  preside  at  all  meetings  of  the  board, 
appoint  all  committees  whose  appointment  is  not  oth- 
erwise provided  for  and  sign  all  warrants  ordered  by 
the  board  to  be  drawn  upon  the  treasurer  for  school 
moneys  and  perform  other  acts  required  by  law. 

Sec.  959.  DUTIES  OF  CLERK.  RECORDS.— 
The  clerk  shall  keep  a  true  record  of  all  the  proceed- 
ings of  the  board,  take  charge  of  its  books  and  docu- 
ments, countersign  all  warrants  for  school  moneys 
drawn  upon  the  treasurer  by  order  of  the  board  and 
affix  the  corporate  seal  thereto  and  perform  such  oth- 
er duties  as  the  board  may  require.  The  records, 
books,  vouchers  and  papers  o.f  the  board  shall  be  open 
to  examination  by  any  taxpayer  of  the  district.  Such 
record  or  a  transcript  thereof  certified  by  the  clerk  and 
attested  by  the  seal  of  the  board,  shall  be  received  in  Records, 
all  courts  as  prima  facie  evidence  of  the  facts  therein 
set  forth. 

Sec.  960.  POWERS  AND  DUTIES  OF  BOARD. 
• — Each  board  of  education  shall  have  power  and  it 
shall  be  its  duty : 


Duties  of  clerk. 


School    board. — 
powers   and 
duties. 


112 


GENERAL  SCHOOL  LAWS 


Maintain  or 
discontinue 
same. 


High  schools. 


1.  To  establish  a     system     of     graded     common 
Establish  free     schools  which  shall  be   free  to  all  children  of  legal 

school  age,  residing  within  such  special  district,  and 
shall  be  kept  open  not  less  than  six  nor  more  than  ten 
months  in  any  year. 

2.  To  establish  and  maintain  such  schools  in   its 
city,  town  or  village  as  it  shall  deem  requisite  or  expe- 
dient and  to  change  or  discontinue  the  same. 

3.  To  establish  and  maintain  a  high  school,  when- 
ever in  its  opinion  the  educational  interests  of  the  cor- 
poration demand  the  same,  in  which  such  courses  of 
study  shall  be  pursued  as  shall  be  prescribed  or  ap- 
proved by  the  superintendent  of  public  instruction,  to- 
gether with  such  additional  courses  as  such  board  of 
education  may  thereafter  deem  advisable  to  establish. 

4.  To  purchase,     sell,     exchange  and  hire  school 
houses  and  rooms,  lots  or  sites  for  school  houses,  and 
to  fence  and  otherwise  improve  them  as  it  deems  pro- 
per.      (See  Appendix  C.—VL  i,  a.  b.) 

5.  Upon  such  lots  and  upon  such  sites  as  may  be 
owned  by  such  special  district  to  build,  alter,  enlarge, 
improve  and  repair  school  houses,  outhouses  and  ap- 
purtenances as  it  may  deem  advisable. 

6.  To  purchase,  sell,  exchange,  improve  and   re- 
pair school  apparatus,  text  books  for  the  use  of  the 
pupils,  furniture  and  appendages  and  to  provide  fuel 
for  the  schools. 

7.  To  have  the  custody  of  all  school  property  of 
every  kind  and  to  see  that  the  ordinances  and  by-laws 
of  the  city  or  village  in  relation  thereto  are  observed. 

8.  To  contract  with,  employ  and  pay  all  teachers 
in  such  schools  and  to  dismiss  and  remove  for  cause 
any  teacher  whenever  the  interests  of  the  school  may 
require  it ;  but  any  such  teacher  shall  be  required  to 
hold  a  certificate  to  teach,  issued  by  the  county  super- 
intendent or  the  superintendent  of  public  instruction, 
and  if  any  such  teacher  holds  only  a  county  certificate 
the  board  may  impose  such  further  requirements  as 
the  best  interests  of  the  several  grades  may  require. 
No  person  who  is  a  relative  of  any  member  of  the 
board  shall  be  employed  as  a  teacher  without  the  con- 
currence of  the  entire  board. 

,9.  To  employ,  should  it  deem  expedient,  a  compe- 
tent and  discreet  person  as  superintendent  of  schools 
and  to  fix  and  pay  a  proper  compensation  therefor, 
and  such  superintendent  may  be  required  to  act  as 
principal  or  teacher  in  such  school.  • 


School    houses. 


Build  same. 


Property   and 
fuel. 


Custodians    of 
property. 


Teachers. 


Superintendent. 


STATE  OF   NORTH   DAKOTA 


113 


10.  To  defray  the  necessary  and   contingent  ex- 
penses of  the  'board,  including  the  compensation  oi  its 
clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may 
deem  expedient,  rules  and  regulations  for  organizing 
grading,  government  and  instruction  and  the   recep- 
tion of  pupils,  their  suspension  and     expulsion     and 
their  transfer  from  one  school  to  another.  But  no  pu- 
pil shall  'be  suspended  or  expelled  except  for  insubor- 
dination, habitual  indolence  or     disorderly     conduct; 
such  suspension  shall  not  be  for  a  longer  period  than 
ten  days,  nor  such  expulsion  beyond  the  end  of  the 
current  term  of  school. 

12.  Each  member  shall  visit,  at  least  twice  in  each 
year,  all  the  public  schools  in  the  city  or  village. 

13.  To  make  a  report  on  July  first,  or     as     soon 
thereafter  as  practicable,  of  the  progress,  prosperity 
and  condition,  financial  as  well  as  educational,  of  all 
the  schools  under  its  charge,  a  copy  of  which,  togeth- 
er with  such  further  information  as  shall  be  required 
by  the  superintendent  of  public  instruction,  shall  be 
forwarded  to  the  county  superintendent,  the  same  as 
reports  are  made  by  other  school  districts ;  and  such 
report  or  such  portion  thereof  as  the  board  of  educa- 
tion shall  consider  advantageous  to  the  public,  shall 
be  published  in  a  newspaper  in  the  city  or  village,  and 
in  cities  and  villages  of  over  eight  hundred  inhabi- 
tants it  may  be  published  in  pamphlet  form. 

14.  To  admit  children   of  persons  not  living     in 
such  special  district  into  the  schools  of  such  district, 
and  to  fix  and  collect  the  tuition  therefor,  if  in  its 
judgment  the  best  interests  of  the  school  will  permit. 

15.  To  cause  an  enumeration  of  the  children  of 
school  age  within  such  special  district,  including  those 
residing  in  any  territory  thereto  attached  for  school 
purposes,  to  be  made  annually,  as  provided  for  other 
school  districts,  and  return  the  same  to  the     county 
superintendent. 

Sec.  961.  TREASURER,  CUSTODIAN  OF 
SCHOOL  MONEYS.— All  moneys  from  whatever 
source,  which  the  board  of  education  of  any  special 
district  shall  by  law  be  authorized  to  receive,  shall  be 
paid  over  to  the  treasurer  of  such  board  and  he  shall 
charge  the  same  to  the  proper  fund. 

Sec.  962.  SCHOOL  UNDER  SUPERVISION 
OF  WHOM.— The  schools  of  each  special  district 
shall  be  under  the  immediate  supervision  of  the  board 


Expenses  of 
board. 


Grading  and 
government. 


Visit   schools. 


Make  report. 


Publish    same. 


Admit   non- 
residents. 


School    census. 


Moneys  to  be 
paid  to  treas- 
urer. 


Supervision    of 
schools. 


114 


GENERAL  SCHOOL  LAWS 


Taxable    prop- 
erty. 


Levy  not  to  ex- 
ceed   30    mills. 


of  education  or  the  school  superintendent  appointed 
by  such  board,  subject  to  such  general  directions  and 
supervision  by  the  county  superintendent  as  are  pro- 
vided for  in  this  chapter. 

Sec.  963.  TAXABLE  PROPERTY.— The  .tax- 
able property  of  the  whole  school  corporation  includ- 
ing the  territory  attached  for  school  purposes  shall  be 
subject  to  taxation.  All  taxes  collected  for  the  bene- 
fit of  the  school  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the 
order  of  the  board  of  education. 

Sec.  964.  ANNUAL  SCHOOL  TAX.— The  board 
of  education  shall  on  or  before  the  twentieth  day  of 
July  of  each  year  levy  a  tax  for  the  support  of  the 
schools  of  the  corporation,  including  any  expendi- 
tures allowed  by  law,  for  the  fiscal  year  next  ensuing, 
not  exceeding  in  any  one  year  thirty  mills  on  the  dol- 
lar on  all  the  real  and  personal  property  within  the 
district  which  is  taxable  according  to  the  laws  of  this 
state,  the  amount  of  which  levy  the  clerk  of  the  board 
shall  certify  to  the  county  auditor,  who  is  authorized 
and  required  to  place  the  same  on  the  tax  roll  of  such 
county  to  be  collected  by  the  county  treasurer  as  other 
taxes  and  paid  over  by  him  to  the  treasurer  of  the 
board  of  education  of  whom  he  shall  take  a  receipt  in 
duplicate,  one  of  which  he  shall  file  in  his  office  and 
the  other  he  shall  forthwith  transmit  to  the  clerk  of 
the  board  of  education. 

Sec.  965.  EXPENDITURES.  CONTRACTS.— 
No  expenditures  involving  an  amount  greater  than 
one  hundred  dollars  shall  be  made  except  in  accord- 
ance with  the  provisions  of  a  written  contract,  and  no 
contract  involving  an  expenditure  of  more  than  five 
hundred  dollars  for  the  purpose  of  erecting  any  public 
buildings  or  making  any  improvements  shall  be  made 
except  upon  sealed  proposals  and  to  the  lowest  respon- 
sible bidder,  after  public  notice  for  ten  days  previous 
to  receiving  such  bids. 

Sec.  966.  TREASURER.— The  treasurer  of  any 
city,  town  or  village  comprising  a  special  district  shall 
be  treasurer  of  the  board  of  education  thereof. 

Sec.  967.  TREASURER,  DUTIES  OF.— The 
treasurer  of  each  board  of  education  shall  keep  a  true 
account  of  the  receipts  and  expenditures  of  the  var- 
ious funds  separately,  and  shall  prepare  and  submit  in 


Contracts 
how    let. 


For  buildings 
or  improve- 
ments. 


City  or  town 
treasurer  ex- 
officio  school 
treasurer. 


Duties   of 
treasurer. 


STATE   OF   NORTH   DAKOTA 


115 


writing  a  quarterly  report  of  the  state  of  the  finances 
of  the  district,  and  shall,  when  required,  produce  at 
any  meeting  of  such  board  or  any  committee  appoint- 
ed for  the  purpose  of  examining  his  accounts,  all 
books  and  papers  pertaining  to  his  office.  He  shall 
safely  keep  in  his  possession  or  under  his  control  all  Pay  money  on- 

.    ,       ,  •      1         j  j      i     11  ly  upon  proper 

school  moneys  coming  into  his  hands,  and  shall  pay    warrant, 
out  such  moneys  only  upon  a  warrant  signed  by  the 
president,  countersigned  by  the  clerk  and  attested  by 
the  corporate  seal  of  the  board. 

Sec.  968.       TREASURER'S  BOND.— The  treas- 
urer of  the  board  shall  execute  a  bond  to  such  board, 
with  sufficient  sureties  to  be  approved  by  the  board,  in 
such  sum  and  as  such  board  may  from  time  to  time  re-    Bond  of  treas- 
quire,  as  near  as  can    be  ascertained     in  double    the      rer> 
amount  of  the  moneys  likely  to  come  into  his  hands, 
conditioned  for  the  faithful  discharge  of  his  duties  as 
treasurer ;  which  bond  shall  be  in  addition  to  his  bond 
to  the  city,  town  or  village.      In  case  of  the  failure  of 
the  city,  town  or  village  treasurer  to  give  such  bond 
within  ten  days  after  being  required  so  to  do  by  such 
board  of  education,  such  treasurer's   office  shall  be-    vacancy  on 
come  vacant  and  the  council  or  board  of  trustees  of    failure  to  give' 
such  city,  town  or  village  shall  appoint  another  per- 
son  in  his  place,  who  shall     give     such     additional 
bonds.       (See  Appendix  D. — Note  24.} 

Sec.  969.  ;  BOARD  ASSUMES  CONTROL 
AFTER  EQUALIZATION  OF  DEBTS  AND 
PROPERTY.— When  any  board  of  education  shall 
be  organized  under  the  provisions  of  this  article,  it 
shall,  after  the  equalization  hereinafter  provided  for, 
assume  control  of  the  schools  of  the  city,  town  or  vil- 
lage, and  shall  be  entitled  to  the  possession  of  all  pro- 
perty of  the  former  district  or  districts  or  parts  there-  Board  assumes 
of  lying  within  such  city,  town  or  village,  for  the  use  control  —when, 
of  schools.  Such  board  shall  also  be  entitled  to  its 
due  proportion  of  all  moneys  on  hand  and  taxes  al- 
ready levied  but  not  collected,  and  shall  be  liable  for  a 
proper  amount  of  the  debts  and  liabilities  of  such 
former  district,  to  be  determined  in  the  manner  pro- 
vided in  this  chapter  for  the  equalization,  determina- 
tion and  division  of  debts,  property  and  assets  of 
school  districts  consolidated  or  divided. 

Sec.  970.  SPECIAL  DISTRICT  MAY  BE- 
COME PART  OF  GENERAL  DISTRICT, 
WHEN. — Any  special  district  organized  under  the 


116 


GENERAL  SCHOOL  LAWS 


— when. 


general  school  laws  and  provided  with  a  board  of  edu- 
cation may  become  a  part  of  the  school  district  in 
Special  dis-  which  it  is  located,  whenever  it  is  so  decided  by  a  ma- 
greneraiartd?strict  Jority  vote  of  the  school  electors  of  the  city,  town  or 
village  and  of  such  school  district  voting  at  an  election 
called  for  that  purpose.  An  election  for  such  purpose 
shall  be  ordered  and  proper  notice  thereof  given  by  the 
board  of  education  and  the  school  board  of  such  dis- 
trict in  the  same  manner  as  is  required  for  the  election 
of  school  officers  in  such  district,  when  petitioned  by 
one-third  of  the  voters  resident  in  such  district,  and 
when  so  united  the  determination  and  division  of  the 
debts,  property  and  assets  shall  be  made  by  arbitration 
as  provided  in  this  chapter  for  school  districts  consol- 
idated or  divided.  Villages  not  incorporated  but 
heretofore  organized  under  the  general  school  laws 
and  provided  with  a  board  of  education  shall  become 
a  part  of  the  school  district  in  which  they  are  located 
and  the  determination  and  division  of  the  property, 
debts  and  assets  s'hall  be  made  by  arbitration  as  afore- 
said. 


How. 


Election    of 
board  of  edu- 
cation. 


Term. 


Polls    open. 


Notice. 


Sec.  971.  ELECTION  OF  BOARDS  OF  EDU- 
CATION IN  SPECIAL  DISTRICTS.— On  the 
third  Tuesday  in  June  each  year  an  election  shall  be 
held  in  each  special  district  at  which  such  members 
of  the  board  of  education  shall  be  elected  at  large  as 
shall  be  necessary  to  fill  all  vacancies  therein  caused 
by  expiration  of  terms  of  office  or  otherwise,  and  each 
member  elected  shall  serve  for  a  term  of  three  years, 
commencing  on  the  second  Tuesday  in  July  follow- 
ing his  election  and  until  his  successor  is  elected  and 
qualified  except  when  elected  to  serve  an  unexpired 
term.  /  The  polls  shall  be  open  at  9  o'clock  A.  M.  and 
kept  open  until  4  o'clock  P.  M.  on  the  day  of  such 
election. 

Sec.  972.  NOTICE  OF  ELECTION,  CON- 
TENTS OF.— Such  election  shall  be  called  by  the 
board  of  education  of  such  special  district,  which  shall 
cause  notice  thereof  to  be  posted  or  published  as  re- 
quired by  law  for  the  annual  election  of  civil  officers 
in  the  city,  town  or  village  comprising  such  special 
district ;  such  notice  shall  be  signed  by  the  clerk,  or, 
in  his  absence,  by  the  president  of  the  board  of  edu- 
cation of  such  district,  and  shall  state  the  time  and 
place  of  holding  such  election  and  what  officers  are 
to  be  elected  and  their  terms. 


STATE  OF   NORTH   DAKOTA 


117 


Sec.  973.  NOTICE  OF  ELECTION,  FORM  OF. 
— Such  notice  shall  be  in  substantially  the  following 
form : 

Notice  is  hereby  given,  that  on  Tuesday,  the-  .... 

day  of  June,  A.  D ,  an  annual  election  will 

be  held  at   (here  insert  polling    place) 

for  the  purpose  of  electing  the  following  members  of 

the  board  of  education   (here  insert 

terms  for  which  they  are  to  be  elected),  for  the  city,    Form  of' 

town  or  village   (here  insert  name)   and  '" 

the  polls  will  be  open  at  nine  o'clock  A.  M.  and  closed 
at  four  o'clock  P.  M.  of  that  day. 

By  order  of  the  board  of  education. 

Signed   ; 

Clerk. 

Sec.  974.      ELECTION  PRECINCTS  AND  OF- 
FICERS OF  ELECTION.— At  least     fifteen     days 
prior  to  such  election  the  board  of  education  of  each    ^nccttsi°and3re0~ffi. 
special  district  shall  designate  one  polling  place  and    cers. 
appoint  two  persons  to  act  as  judges  and  two  persons 
to  act  as  clerks.  Before  opening  the  polls  each  of  such 
judges  and  clerks  shall  take  an  oath  that  he  will  per- 
form his  duties  as  judge  or  clerk  (as  the  case  may  be) 
according  to  law  and  to  the  best  of  his  ability,  which    oath, 
oath  may  be  administered  by  any  officer  authorized  to 
administer  oaths  or  by  either  of  said  judges  or  clerks 
to  the  others. 

Sec.  975.  CANVASS  OF  RETURNS.— Such  elec- 
tion shall  be  conducted  and  the  votes  canvassed  in  the 
manner  provided  by  law  for  election  of  county  offi- 
cers, and  returns  shall  be  made  showing  the  number 
of  votes  cast  for  each  person  for  any  office,  which  canvass, 
shall  be  signed  by  the  judges  and  clerks  of  election, 
and  the  person  receiving  the  highest  number  of  votes 
for  each  office  in  the  district  shall  be  declared  elected, 
and  the  returns  shall  be  filed  with  the  clerk  of  the 
board  of  education  within  two  days  thereafter. 

Sec.  976.  CERTIFICATES  OF  ELECTION.- 
The  clerk  of  the  board  shall  give  to  each  person  elect- 
ed at  such  election  a  certificate  stating  that  he  was 
duly  elected  as  a  member  of  the  board  of  education  certificates  of 
and  the  time  he  is  to  take  the  oath  and  enter  upon  the 
duties  of  his  office.  Such  clerk  shall  also  certify  as 
soon  as  possible  to  the  county  superintendent  of 
schools  the  persons  so  elected  and  their  terms. 


118 


GENERAL  SCHOOL  LAWS 


Vacancies. 


Sec.  977.  VACANCIES,  HOW  FILLED.— The 
board  of  education  of  each  city,  town  and  village  shall 
have  power  to  appoint  a  person  to  fill  any  vacancy 
which  may  occur  in  the  board ;  and  such  appointee 
shall  hold  his  office  until  the  next  annual  school  elec- 
tion, at  which  time  a  person  shall  be  elected  to  serve 
for  the  unexpired  term;  but  if  such  vacancy  shall  oc- 
cur within  ten  days  before  an  annual  election,  such 
appointee  shall  hold  office  until  the  annual  election  in 
the  following  year.  When  any  such  appointment 
shall  be  made  the  clerk  shall  certify  the  same  to  the 
county  superintendent.  (See  Appendix  D. — Note 


Official  oath. 


Bonds    issued 


— how. 


Denomination 


Endorsed  by 
clerk. 


Sec.  978.  OATH  OF  OFFICE.— Before  enter- 
ing upon  the  duties  of  his  office  each  person  elected  or 
appointed  as  a  member  of  the  board  of  education, 
shall  take  the  oath  or  affirmation  prescribed  in  section 
211  of  the  constitution,  which  oath  shall  be  filed  with 
the  clerk  of  the  board.  (See  Appendix  D. — Note 

3*3 

Sec.  979.  BONDS,  HOW  AND  WHEN  IS- 
SUED.— Whenever  the  taxes  authorized  by  law  shall 
not  be  sufficient  or  shall  be  deemed  by  the  board  of 
education  to  be  burdensome,  bonds  may  be  issued  and 
negotiated  for  the  purpose  of  raising  money  to  pur- 
chase a  site  or  to  erect  suitable  buildings  thereon,  or 
to  fund  any  outstanding  indebtedness,  or  for  the  pur- 
pose of  taking  up  any  outstanding  bonds  of  the  school 
corporation;  provided,  that  the  issuance  of  such 
bonds  shall  first  be  authorized  by  the  voters  of  such 
special  district  as  hereinafter  prescribed.  Such 
bonds  shall  be  signed  by  the  president  and  clerk  and 
attested  by  the  corporate  seal  of  the  board,  shall  bear 
the  date  of  their  issue,  and  be  (payable  in  not  less  than 
five  nor  more  than  twenty  years  from  their  date,  at 
such  place  as  shall  be  designated  upon  their  face.  The 
denominations  of  the  bonds  which  may  be  issued  un- 
der the  provisions  of  this  article  shall  be  fifty  dollars 
or  some  multiple  of  fifty,  and  shall  bear  interest  at  not 
more  than  seven  per  cent  per  annum,  payable  semi-an- 
nually  on  the  first  day  of  January  and  July  in  each 
year,  shall  show  upon  their  face  that  they  are  issued 
for  school  purposes,  and  shall  be  sold  at  not  less  than 
par.  Each  bond  shall  have  endorsed  thereon  the  cer- 
tificate of  the  clerk  of  the  board  stating  that  such  bond 
is  issued  pursuant  to  law  and  is  within  the  debt  limit 
prescribed  by  the  constitution.  (See  Appendix  B.) 


STATE   OF   NORTH    DAKOTA 


119 


Election    for 
issuing  bonds 
— how  con- 
ducted. 


Sec.  980.  ELECTION  FOR  ISSUING  BONDS. 
—Before  issuing  any  such  bonds  the  board  of  educa- 
tion shall  call  an  election  for  the  purpose  of  submit- 
ting to  the  voters  of  the  district  the  question  of  issu- 
ing such  bonds,  notice  of  which  shall  be  given  in  the 
manner  prescribed  by  law  for  giving  notice  of  the  an- 
nual election  for  the  several  officers  of  the  city,  town 
or  village  comprising  such  special  district,  except  that 
such  notice  shall  be  given  twenty  days  before  such 
election.  Such  election  shall  be  conducted  and  the 
returns  made  in  the  manner  provided  for  the  annual 
election  of  members  of  the  board  of  education  and 
may  be  held  at  the  time  of  the  annual  school  election  or 
at  any  other  time  named  in  such  notice.  The  notice 
of  such  election  shall  clearly  state  the  amount  of  the 
bonds  proposed  to  be  issued,  the  time  in  which  they 
shall  be  made  payable,  the  purpose  for  which  they  are 
to  be  issued,  and  the  time  and  place  such  election  will 
held.  At  such  election  the  voters  shall  have  written 
or  printed  on  their  ballots  "for  issuing  bonds"  or 
"against  issuing  bonds,"  and  if  a  majority  of  the 
votes  cast  is  for  issuing  bonds  such  bonds  shall  be  is- 
sued and  negotiated  by  such  board  of  education,  but 
if  a  majority  thereof  is  against  issuing  bonds  such 
bonds  shall  not  be  issued,  nor  shall  the  question  be 
again  submitted  for  one  year  thereafter  except  for  a 
different  amount  and  then  only  upon  a  written  peti- 
tion of  a  majority  of  the  voters  of  the  district. 

Sec.  981.  BONDS  TO  SPECIFY  WHAT.  DEBT 
LIMIT. — The  bonds,  the  issuance  of  which  is  pro- 
vided for  in  the  foregoing  section,  shall  specify  the 
rate  of  interest  and  the  time  when  the  principal  and 
interest  shall  be  paid ;  and  no  district  shall  issue  bonds 
in  (pursuance  of  this  article  in  a  sum  greater  than  five 
per  cent  of  its  assessed  valuation,  including  other 
debts.  (See  Sec.  912.) 

Sec.  982.  LEVY  FOR  INTEREST  AND  SINK- 
ING FUND. — The  board  of  education  at  the  time  of 
its  annual  tax  levy  for  the  support  of  schools  shall 
also  levy  a  sufficient  amount  to  pay  the  interest  as  the 
same  accrues  on  all  bonds  issued  under  the  provisions 
of  this  article,  and,  also  to  create  a  sinking  fund  for 
the  redemption  of  such  bonds,  which  it  shall  levy  and 
collect  in  addition  to  the  rate  per  cent  authorized  by 
the  provisions  aforesaid  for  school  purposes,  and  such 
amount  of  funds  when  paid  into  the  treasury  shall  be 


Bond 

to  specify. 


Limit. 


Interest  and 
sinking  fund 
— levy  to  pay. 


120  GENERAL  SCHOOL  LAWS 

and  remain  a  special  fund  for  such  purpose  only,  and 
shall  not  be  appropriated  in  any  other  way  except  as 
hereinafter  provided.  At  or  before  the  issuance  of 
any  bonds  as  herein  provided  the  board  shall  by  reso- 
lution provide  for  such  annual  levy  to  pay  the  inter- 
est and  to  create  such  sinking  fund,  and  such  resolu- 
tion shall  remain  in  force  until  all  such  bonds  and  the 
interest  thereon  shall  have  been  paid.  (See  Sec. 
p/i.) 

Sec.  983.  INVESTMENT  OF  SINKING 
FUNDS.  SCHOOL  DISTRICTS.— All  moneys 
raised  for  the  purpose  of  creating  a  sinking  fund  for 

si!S?™efund°f  the  final  redemption  of  all  bonds  issued  under  article 
^1  of  chapter  9  of  the  civil  code  of  the  state  shall  be 
invested  annually  by  the  board  of  education  of  any 
special  school  district  in  this  state  as  follows,  viz: 

in  u.  s.  bonds.  1-  In  tne  bonds  of  this  state  or  of  the  United 
States. 

2.  Special  school  district  board  may  designate  one 
or  more'  national  or  state  banks  in  the  county  where 
such  special  school  district  is  situated  as  a  depository 
for  such  sinking  fund,  and  in  such  case  the  school 
board  shall  advertise  for  at  least  two  weeks  in  some 
newspaper  printed  within  the  limits  of  said  special 
school  district,  if  there  be  one,  if  not,  in  the  county 
where  said  school  district  is  situated,  for  sealed  pro- 
posals for  the  deposit  of  the  sinking  fund  of  such 
school  district,  reserving  the  right  to  reject  any  and 
all  bids,  satisfying  itself  of  the  responsibility  of  all 
banks  proposing  to  act  as  depositories.  Before  any 
bank  shall  be  designated  as  such  depository  it  shall 
present  to  the  school  board  a  sealed  proposal  stating 
in  writing  what  "rate  of  interest  will  be  paid  for  the 
deposit  of  such  sinking  funds,  and  shall  submit  to  the 
board  for  its  approval  a  bond  payable  to  the  special 
school  district  conditioned  for  the  safe  keeping  and 
repayment  of  any  funds  deposited  in  such  bank,  which 
bond  shall  be  signed  by  not  less  than  three  freehold- 
ers of  this  state  as  sureties  or  some  surety  bond  com- 
pany qualified  to  do  business  in  this  state  and  such 

Bond  of.  bond  to  be  in  the  sum  required  by  the  school  board 

and  in  no  case  to  be  less  than  double  the  probable 
amount  of  the  funds  to  be  deposited  in  such  bank. 
The  approval  of  such  bond  shall  be  endorsed  thereon 
by  the  board  and  deposited  with  the  county  auditor 
and  any  bank  whose  bond  shall  have  been  so  approved 
shall  thereupon  be  designated  by  the  school  board  as 


STATE   OF   NORTH   DAKOTA 


121 


Treasurer 
exempt  from 
liability. 


a  depository  for  the  sinking  fund,  and  shall  continue 
as  such,  until  such  time  as  the  board  shall  direct  the 
withdrawal  of  such  funds  or  until  such  funds  are 
needed  for  the  payment  or  the  purchase  of  bonds  as 
provided  for  in  this  act.  When. the  sinking  fund  of 
any  special  school  district  is  deposited  by  the  treas- 
urer of  the  board  of  education  of  said  school  district  in 
the  name  of  the  school  district  in  such  depository  such 
treasurer  and  his  sureties  shall  be  exempt  from  all  lia- 
bility thereon  by  reason  of  loss  of  any  such  funds 
from  the  failure,  bankruptcy  or  any  other  act  of  any 
such  bank,  to  the  extent  only  of  such  funds  in  the 
hands  of  such  bank  or  banks  at  the  time  of  such  fail- 
ure or  bankruptcy.  Such  depository  shall  furnish  to 
the  clerk  of  the  board  of  education  of  such  special 
school  district  prior  to  the  fifth  day  of  July  of  each 
year,  a  verified  statement  of  the  school  district  account 
with  such  depository  for  the  year  ending  June  30, 
which  statement  shall  show  a  credit  to  such  deposit 
account  of  all  sums  of  interest  accruing  on  the  sink- 
ing fund  deposited.  (See  Sec.  914.) 

3.  The  board  of  education  of  any  special  school 
district  may  buy  and  cancel  the  bonds  of  such  district 
and  pay  for  the  same  with  the  moneys  in  the  sinking 
fund  created  to  pay  such  bonds. 

4.  In  first  mortgages  o'n  farm  lands  in  this  state 
only  in  the  following  manner,  towit: 

(a)  That  said  first  mortgages  and  all  of     them, 
shall  run  for  a  period  of  time  and  not  to  exceed  ten 
years  and  that  the  funds  so  invested  shall  bear  interest 
at  a  rate  not  less  than  six  per  cent  per  annum  and  such 
interest  when  paid  shall  be  covered  into  and  become  a 
part  of  the  said  sinking  fund. 

(b)  First  mortgage  loans  shall  only  be  made  upon 
cultivated  lands  within  the  state,  and  to  persons  who 
are  actual  residents  thereof.  And  in  no  case  on  lands 
of  which  the  appraised  value  is  less  than  seven  dol- 
lars and  fifty  cents  per  acre,  and  in  sums  not  more 
than  one  thousand  dollars  to  any  one  person,  firm  or 
corporation.       Such  appraisement  to  be  made  by  the 
school  board  of  such  special  school  district  or  by  some 
competent  person  designated  by  them  for  the  purpose. 

Sec.  984.  SATISFACTION  AND  FORECLO- 
SURE OF  MORTGAGES.— All  or  any  of  said  mort- 
gages may  be  satisfied  at  any  time  after  five  years 
from  the  date  when  made  on  payment  of  the  full 


May  buy 
bonds.. 


Mortgages. 


Not  to  exceed 
ten  years. 


By    whom    and 
on  what  lands. 


Paid  after  five 
years. 


122 


GENERAL  SCHOOL  LAWS 


Foreclosure. 


Interest    cou- 
pons—   payment 
of. 


amount  due  thereon,  by  an  instrument  in  writing  exe- 
cuted in  the  corporate  name  of  the  special  school  dis- 
trict which  shall  be  the  payee  in  all  notes  taken  for 
loans  as  herein  provided  and  the  mortgagee  in  all 
mortgages  taken.  .Such  instrument  to  be  executed 
and  acknowledged  in  the  same  manner  as  is  or  may 
be  provided  for  by  law  for  the  execution  and  acknowl- 
edgement of  transfers  of  real  estate  by  corporations. 
Such  mortgages  may  be  foreclosed  by  advertisements 
or  an  action  in  the  name  of  the  special  school  district 
in  any  court  of  competent  jurisdiction  as  is  now  or 
may  be  provided  by  law. 

Sec.  985.  INTEREST  COUPONS.— When  the 
interest  coupons  of  the  bonds  hereinbefore  authorized 
shall  become  due  they  shall  be  promptly  paid,  upon 
presentation,  by  the  treasurer,  out  of  any  moneys  in 
his  hands  collected  for  that  purpose,  and  he  shall  in- 
dorse in  red  ink  upon  the  face  of  such  coupons  the 
word  "paid"  and  the  date  of  payment  and  sign  the 
initials  of  his  name. 

Sec.  986.  SECURITY  FOR  PAYMENT  OF 
BONDS. — The  school  fund  and  property  of  such 
school  corporation  and  territory  attached  for  such 
purposes  is  hereby  pledged  to  the  payment  of  the  in- 
terest and  principal  of  the  bonds  mentioned  in  this 
article  as  the  same  may  become  due. 

Sec.  987.  BOND  REGISTER.— The  clerk  of  the 
board  of  education  shall  register  in  a  book  provided 
for  that  purpose  the  bonds  issued  under  this  article, 
and  all  warrants  issued  by  the  board,  which  register 
shall  show  the  number,  date  and  amount  of  such 
bonds  and  to  whom  payable. 

Sec.  988.  REFUNDING  BONDS,  ISSUANCE 
OF. — The  board  of  education  of  any  special  or  inde- 
pendent school  district  shall  have  power,  whenever 
two-thirds  of  the  members  of  such  board  shall  deem 
it  necessary  and  for  the  best  interests  of  such  school 
district,  to  issue  bonds  for  the  purpose  of  refunding 
any  outstanding  bonds  when  the  same  become  due. 
Such  bonds  shall  be  issued  in  denominations  of  fifty 
dollars  or  some  multiple  of  fifty,  and  shall  not  exceed 
in  amount  the  face  value  of  the  bonds  they  are  issued 
to  replace,  and  shall  not  bear  a  higher  rate  of  interest 
than  seven  per  cent  p-er  annum,  payable  semi-annual- 
ly  on  the  first  day  of  January  and  July  of  each  year, 
nor  run  for  a  longer  period  than  twenty  years. 


Bonds — how 
secured. 


Bond  register 
— what   to 
show. 


Refunding 
bonds. 


Description    of. 


STATE  OF   NORTH   DAKOTA 


123 


Exchange  of 
bonds. 


Law 


governing. 


Surplus    funds 
— disposal  of. 


Sec.  989.  BONDS  MAY  BE  EXCHANGED. 
—Such  refunding  bonds  may  'be  exchanged  at  par  for 
an  equal  amount  of  outstanding  bonds  or  may  be  sold 
at  not  less  than  par  value  and  the  proceeds  applied 
solely  to  the  payment  of  the  bonds  to  be  refunded, 
except  that  any  premium  that  may  be  received  on  the 
sale  of  such  bonds  shall  be  kept  as  a  separate  fund 
and  used  for  the  payment  of  the  interest  on  such 
bonds. 

Sec.  990.  ISSUE  OF  BONDS,  HOW  GOV- 
ERNED.— In  the  issuance  of  such  refunding  bonds 
the  board  of  education  shall  be  governed  by  the  pro- 
visions of  sections  981  to  987. 

Sec.  991.  SURPLUS  FUNDS,  HOW  TRANS- 
FERRED.— Any  moneys  remaining  in  the  treasury 
of  such  school  districts,  appropriated  or  held  for  the 
purpose  of  paying  such  bonds  so  refunded,  may,  at 
the  discretion  of  the  board  of  education  at  any  time 
within  six  months  after  such  refunded  bonds  have 
been  taken  up  and  canceled,  be  transferred  to  the 
building  or  contingent  fund  of  such  district. 

ARTICLE  20. — INDEPENDENT  SCHOOL  DISTRICTS. 

Sec.  992.  INDEPENDENT  DISTRICTS,  HOW 
ORGANIZED. — Any  city  heretofore  organized  for 
school  purposes  under  a  special  law  and  provided  with 
a  board  of  education  may  become  incorporated  as  an 
independent  school  district  under  the  provisions  of 
this  article  in  the  manner  following:  Whenever  one 
eighth  of  the  legal  voters  of  such  city  voting  at  the 
preceding  municipal  election  shall  petition  the  mayor 
and  council  thereof  to  submit  the  question  as  to 
whether  such  city  shall  establish  an  independent 
school  district  under  this  article  to  a  vote  of  the  elec- 
ors  in  such  city  it  shall  be  the  duty  of  such  mayor  and 
council  to  submit  such  question  accordingly  and  to 
appoint  a  time  and  place  or  places  at  which  such  vote 
may  be  taken  and  to  designate  the  persons  who  shall 
act  as  judges  at  such  election,  but  such  question  shall 
not  be  submitted  oftener  than  once  in  two  years. 

Sec.  993.  NOTICE  OF  ELECTION.— The  mayor 
of  such  city  shall  cause  at  least  twenty  days'  notice  of 
such  election  to  be  given  by  publishing  a  notice  there- 
of in  one  or  more  newspapers  within  such  city,  but  if 
no  newswpaper  is  published  therein,  then  by  posting 


Independent 
districts. 


How  organ- 
ized. 


Election 
board. 


Election — 
notice   of. 


124 


GENERAL  SCHOOL  LAWS 


Ballots- 
form   of. 


at  least  five  copies  of  such  notice  in  each  ward  or  vot- 
ing precinct.  * 

Sec.  994.  '  FORM  OF  BALLOTS.  RETURNS. 
— The  ballots  to  be  used  at  such  election  shall  be  in 
the  following  form:  "For  establishing  an  independ- 
ent school  district"  or  "against  establishing  an  inde- 
pendent school  district."  The  judges  of  such  elec- 
tion shall  make  returns  thereof  to  the  city  council 
whose  duty  it  shall  be  to  canvass  such  returns  and 
cause  the  result  of  such  canvass  to  be  entered  upon 
the  records  of  such  city.  If  a  majority  of  the  votes 
cast  at  such  election  shall  be  for  establishing  an  inde- 
pendent school  district,  such  independent  school  dis- 
trict shall  thenceforth  be  deemed  to  be  organized  un- 
der this  article  and  the  board  of  education  then  in 
office  shall  thereupon  exercise  the  powers  conferred 
upon  like  officers  in  this  article  until  their  successors 
are  elected  and  qualified. 

Sec.  995.  BOUNDARIES  OF  INDEPENDENT 
DISTRICTS.— All  that  portion  included  within  the 
corporate  limits  of  any  city,  together  with  the  addi- 
tions that  are  now  or  may  be  hereafter  attached  to 
such  city  limits  shall  be  constituted  and  established  an 
independent  school  district  to  be  designated  as  the 

"Independent  School  District  of  the  City  of " 

and  a  board  of  education  is  hereby  established  for  the 
same. 

Sec.  996.  MEMBERS  OF  BOARD,  HOW 
ELECTED.  QUORUM.— Such  board  shall  consist 
of  one  member  from  each  ward  in  the  city,  and  when 
the  city  is  divided  into  an  even  number  of  wards,  then 
such  city  shall  elect  one  member  of  such  board  at 
large.  Such  members  shall  hold  their  office  for  the 
term  of  two  years  and  until  their  successors  are  elect- 
ed and  qualified.  A  majority  of  the  members  of  such 
board  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  smaller  number  may  meet  and  adjourn. 
The  electors  in  each  ward  in  such  city  shall  elect  one 
member  of  such  board,  and  the  electors  of  such  city 
shall  elect  one  member  of  such  board  at  large.  The 
wards  having  even  numbers  shall  hold  their  election 
in  each  even  numbered  year  and  the  wards  having  odd 
numbers  shall  hold  their  election  in  each  odd  num- 
bered year.  The  member  at  large  shall  be  elected  bi- 
enially  in  the  even  numbered  years ;  provided,  when 
such  city  is  divided  into  three  wards,  such  board  shall 


Bounded    by 
city   limits. 


Board    of    edu- 
cation— how 
elected. 


Quorum. 


STATE   OF   NORTH   DAKOTA 


125 


consist  of  five  members,  one  member  from  each  ward, 

and  two  members  to  be  chosen  at .  large ;  provided, 

also,  that  at  the  first  election  members  from  even  num-    Member   at 

bered  wards  shall  be  elected  for  a  term  of  one  year,    large* 

and  members  from  odd  numbered  wards  for  a  term  of 

two  years;  when  two  members  are  to  be  chosen  at 

large  at  such  first  election,  one  shall  be  elected  for  a 

term  of  one  year  and  one  for  a  term  of  two  years. 

Sec.  997.  DATE  OF  ELECTION.  CANVASS 
OF  VOTES.— The  election  referred  to  in  the  forego- 
ing sections  shall  be  held  on  the  third  Monday  in 
April  of  each  year,  at  the  usual  polling  place  for  mu- 
nicipal elections  in  each  ward.  The  mayor  shall  Election- 
have  authority  and  is  hereby  empowered  to  appoint  date 
two  judges  and  one  clerk  for  such  election,  who  shall 
open  the  polls  at  the  hour  of  eleven  o'clock  in  the 
forenoon  and  hold  the  same  open  until  five  o'clock  in 
the  afternoon  of  the  same  day.  Such  election  shall 
be  conducted  in  all  respects  and  the  polls  closed  and 
votes  canvassed  in  the  same  manner  as  municipal  elec- 
tions, and  the  judges  shall  have  the  same  power  and 
authority  in  all  respects  as  the  judges  of  election  for 
municipal  officers,  and  after  the  votes  are  canvassed  Conduct  of. 
the  judges  shall  make  their  returns  to  the  city  clerk 
or  auditor,  as  the  case  may  be,  within  twenty-four 
hours  after  the  polls  are  closed,  and  the  city  council 
shall  canvass  such  returns  and  declare  the  result  with- 
in three  days  thereafter,  which  result  shall  be  entered 
upon  the  records  of  the  city,  and  it  shall  be  'the  duty 
of  the  city  clerk  or  auditor  to  issue  certificates  of  elec- 
tion to  the  persons  declared  elected. -The  judges  and 
clerks  of  election  shall  receive  the  same  compensation 
for  their  services  as  at  municiipal  elections  for  mayor 
and  aldermen. 

Sec.    998.       VACANCIES,    HOW   FILLED.— If 
any  vacancy  occurs  in  the  board  for  any  cause,  the 
remaining  members  thereof  shall  fill  such  vacancy  by    vacancies- 
appointment   until   the   next   annual   election,   and   at    how  filled* 
such  election  a  new  member  shall  be  elected  to  fill  the 
unexpired  term. 

Sec.  999.  STYLE  AND  POWERS  OF  BOARD. 
—The  board  so  elected  shall  be  a  body  corporate  in 
relation  to  all  the  powers  and  duties  conferred  upon  it    Board_ how 
by  this  article,  and  shall  be  styled  "The  Board  of  Edu-    styled, 
cation  of  the  Independent  School  District  of  the  City 
of (here  insert  the  name  of  the  city)"  and 


126 


GENERAL  SCHOOL  LAWS 


Officers. 


Annual 
ing. 


Compensation 
— contracts. 


Care  of  prop- 
erty. 


as  such  shall  have  the  power  to  sue  and  be  sued,  con- 
tract and  be  contracted  with,  and  shall  possess  all  the 
Powers.  powers  usual  and  incident  to  such  bodies  corporate, 

and  such  as  shall  be  herein  given,  and  shall  procure 
and  keep  a  corporate  seal.  At  each  annual  meeting 
of  the  board  the  members  thereof  shall  elect  one  of 
their  number  president  of  the  board,  and  when  he  is 
absent  a  president  pro  tempore-  shall  be  appointed  who 
shall  preside  during  such  absence.  The  members  so 
elected  shall  each  qualify  by  taking  the  prescribed 
oath  of  office  within  ten  days  after  receiving  their  cer- 
tificates of  election,  and  shall  assume  the  duties  of 
the  office  at  the  annual  meeting  of  the  board  held  on 
the  first  Monday  in  May  of  each  year.  I 

Sec.  1000.  RESPONSIBILITY  OF  BOARD.— 
The  members  of  the  board  shall  receive  no  compensa- 
tion, nor  be  interested  directly  or  indirectly  in  any 
contract  for  building  or  making  any  improvements  or 
repairs  provided  by  this  chapter.  They  shall  have 
the  care  and  custody  of  all  public  property  in  such 
district  pertaining  to  school  purposes  and  the  general 
management  and  control  of  all  school  matters. 

Sec.  1001.  MEETINGS  OF  BOARD.— The  reg- 
ular meetings  of  the  board  shall  be  held  on  the  first 
Tuesday  of  each  month,  and  the  board  may  hold 
special  meetings  upon  notice.  The  regular  meetings 
may  be  adjourned  for  any  time  shorter  than  one 
month.  .  Special  meetings  may  be  called  by  the  presi- 
dent, or  in  case  of  his  absence  or  inability  to  act,  by 
any  three  members  of  the  board  as  often  as  .necessary 
by  giving  a  personal  notice  in  writing  to  each  mem- 
ber of  the  board  or  by  causing  such  notice  to  be  left 
at  his  place  of  residence  at  least  forty-eight  hours  be- 
fore the  hour  of  such  special  meeting. 

Sec.  1002.  SECRETARY,  DUTIES  OF.— Such 
board  shall  appoint  a  secretary,  who  shall  hold  his  of- 
fice during  the  pleasure  of  the  board  and  whose  com- 
pensation shall  be  fixed  by  the  board.  The  secretary 
shall  keep  a  record  of  the  proceedings  of  the  board 
and  perform  such  other  duties  as  the  board  may  pre- 
scribe. Such  record,  or  a  transcript  thereof,  certi- 
fied by  the  secretary  and  attested  by  the  seal  of  the 
board,  shall  be  received  in  all  courts  as  prima  facie 
evidence  of  the  facts  therein  set  forth;  and  such  rec- 
ords, and  all  books,  accounts,  vouchers  and  papers  of 
the  board  shall  at  all  times  be  subject  to  inspection  by 


Meetings. 


Secretary — 
duties    of. 


STATE  OF   NORTH   DAKOTA 


127 


Taxes — pow- 
ers   of    board 
as  to. 


Purposes    for 
which    taxes 
may  be  levied. 


the  members  of  such  board  or  any  committee  thereof, 
or  by  any  taxpayer  of  the  district.  For  the  purpose 
of  economy  the  board  may,  if  deemed  advisable,  ap- 
point one  of  its  own  members  secretary.  The  annual 
report  of  the  secretary  shall  contain  such  items  as  may 
be  required  by  the  superintendent  of  public  instruc- 
tion. 

Sec.  1003.  POWERS  OF  BOARD.— The  board 
shall  have  power  and  it  shall  be  its  duty  to  levy  and 
raise  from  time  to  time  by  tax  such  sums  as  may  be 
determined  by  the  -board  to  be  necessary  and  proper 
for  any  of  the  following  purposes : 

'1.  To  purchase,  exchange,  lease  or  improve  sites 
for  school  houses. 

2.  To  build,   purchase,   lease,     enlarge,  alter,   im- 
prove and  repair  school  houses    and    their  outhouses 
and  appurtenances. 

3.  To  purchase,  exchange,     improve    and     repair 
school  apparatus,  books,  furniture  and  appendages. 

4.  To  procure  fuel  and  defray  the  contingent  ex- 
penses of  the  board,  including  the  expenses  of  the  sec- 
retary. 

5.  To  pay  teachers'  wages  after  the  apportionment 
of  public  moneys  which  may  be  by  law  appropriated 
and  provided  for  that  purpose. 

Sec.  1004.  COLLECTION  OF  TAX.— The  tax 
to  be  levied  and  collected  as  aforesaid  by  virtue  of  this 
artide  shall  be  collected  in  the  same  manner  as  other 
county  taxes,  and  for  that  purpose  the  board  of  edu- 
cation shall  have  power  to  levy  and  cause  to  be  collect- 
ed such  taxes  as  are  herein  authorized,  and  shall 
cause  the  amount  for  each  purpose  to  be  certified  by 
the  secretary  to  the  county  auditor  in  time  to  be  add- 
ed to  and  put  upon  the  annual  tax  list  of  the  county. 
And  it  shall  be  the  duty  of  the  county  auditor  to  cal- 
culate and  extend  upon  the  annual  assessment  roll  and 
tax  list  the  tax  so  levied  by  such  board,  and  such  tax 
shall  be  collected  as  other  county  taxes  are  collected. 

Sec.  1005.  AMOUNT  OF  TAX  LIMITED.— 
The  amount  raised  for  teachers'  wages  and  conting- 
ent expenses  shall  be  only  such  as  together  with  the 
public  moneys  coming  to  such  district  from  the  state 
and  county  fund  and  other  sources  shall  be  sufficient 
to  maintain  efficient  and  proper  schools  in  such  dis- 
trict. The  taxes  for  the  purchasing,  leasing  or  im- 
proving of  sites,  and  the  building,  purchasing,  leasing. 


Taxes — how 
collected. 


Taxes — limi- 
tation. 


128  GENERAL  SCHOOL  LAWS 

enlarging  altering  or  repairing  of  school  houses  shall 
not  exceed  in  any  year  twenty  mills  on  the  dollar  of  the 
assessed  valuation  of  the  taxable  property  of  the  dis- 
trict and  the  board  of  education  is  authorized  and  di- 
rected, when  necessary,  to  borrow  in  anticipation,  the 
amount  of  the  taxes  to  be  raised,  levied  and  collected 
as  aforesaid. 

Sec.  1006.    i  AUTHORITY  TO  ISSUE  BONDS. 
—The  board  of  education  of  such  district  is  author- 
ized and  empowered,  and  it  is  its  duty  whenever  the 
board  deems  it  necessary   for  the  efficient  organiza- 
Bonds—  tion  and  establishment  of  schools  in  such  district,  and 

sueh°r  "  when  the  taxes  authorized  by  this  article  shall  not  be 

sufficient  or  shall  be  deemed  by  the  board  to  be  bur- 
densome upon  the  taxpayers  of  the  district,  from  time 
to  time  to  issue  bonds  of  the  district  in  the  denom- 
ination of  fifty  dollars  or  some  multiple  of  fifty,  pay- 
able at  a  time  not  to  exceed  twenty-five  years  after 
date  and  bearing  interest  at  a  rate  not  to  exceed  seven 
per  cent  per  annum,  payable  semi-annually  on  the  first 
Bonds  must  day  of  January  and  July  of  each  year;  and  to  show 
upon  their  face  that  they  are  issued  for  the  purpose 
of  building  or  furnishing  a  school  house  or  school 
houses,  purchasing  grounds  on  which  to  locate  the 
same,  or  to  fund  any  outstanding  indebtedness,  or  for 
the  purpose  of  taking  up  any  outstanding  bonds ;  and 
the  said  board  of  education  is  authorized  to  cause  the 
same  to  be  sold  at  not  less. than  par  value,  and  the 
money  realized  therefrom  deposited  with  the  city 
treasurer  to  the  credit  of  such  board  of  education ;  and 
when  any  bonds  shall  be  so  negotiated  it  shall  be  the 
duty  of  the  board  to  provide  by  tax  for  the  payment 
of  the  principal  and  interest  of  such  bonds ;  provided, 
that  at  no  time  shall  the  aggregate  amount  of  such 
bonds,  including  all  other  indebtedness,  exceed  fifty 
mills  on  the  dollar  of  valuation  of  the  taxable  proper- 
ty of  such  district,  to  be  determined  by  the  last  city 
assessment.  (See  Sec.  pio.) 

Sec.  1007.  MONEYS  PAID  TO  CITY  TREAS- 
URER.— All  moneys  raised  pursuant  to  the  provi- 
sions of  this  article  and  all  moneys  which  shall  by  law 
be  appropriated  to  or  provided  for  such  district,  shall  9 

City  treasurer      ke  Pa^  over  to  ^e  C^-V  treasurer  of  the  city,  and  the 

—moneys  to  be  county  treasurer  shall  from  time  to  time,  as  he  shall 

receive   the   county   school   funds,   and   at   least  once 

in  each  month,  on  the  first  Monday  thereof,  pay-  over 


STATE   OF  NORTH   DAKOTA 


129 


Treasurer's 
bond. 


Vacancy  on 
failure    to    give. 


to  such  city  treasurer  the  proportion  thereof  be- 
longing to  such  district;  and  for  that  purpose  the 
board  shall  have  the  power  to  cause  all  needful  steps 
to  be  taken  including  census  reports  or  other  acts 
or  things,  to  enable  such  board  to  receive  the  school 
money  belonging  to  such  district,  as  fully  and  com- 
pletely as  though  such  district  formed  one  of  the 
school  districts  of  the  county  where  the  same  may  be 
situated. 

Sec.  1008.  BOND  OF  TREASURER.— The  city 
treasurer  of  such  city  shall  give  a  bond  to  such  board 
of  education  in  such  sum  as  the  board  shall  from  time 
to  time  require,  with  two  or  more  sureties  to  be  ap- 
proved by  the  board,  conditioned  for  the  safe-keeping 
of  the  school  funds,  which  shall  be  in  addition  to  his 
other  bond ;  and  such  treasurer  and  the  sureties  upon 
such  bond  shall  be  accountable  to  the  board  for  the 
moneys  that  come  into  his  hands,  and  in  case  of  fail- 
ure of  such  treasurer  to  give  such  bond  when  re- 
quired by  the  board,  or  within  ten  days  thereafter,  his 
office  shall  become  vacant  and  the  city  council  shall 
appoint  another  person  in  his  place. 

Sec.  1009.  SCHOOL  FUNDS,  HOW  KEPT 
AND  PAID  OUT.— All  moneys  required  to  be  raised 
by  virtue  of  this  article  shall  be  paid  in  cash  or  in  war- 
rants hereinafter  provided,  drawn  on  the  school  fund 
only,  and  such  moneys  and  all  moneys  received  by 
such  district  for  the  use  of  the  common  schools  there- 
in shall  be  deposited  for  safe-keeping 'with  such  city 
treasurer  to  the  credit  of  the  board  of  education  and 
shall  by  him  be  safely  kept  separate  and  apart  from 
any  other  funds  until  drawn  from  the  treasury  as 
herein  provided.  Such  treasurer  shall  pay  out  the 
moneys  authorized  by  this  article  only  upon  warrants 
drawn  by  the  president,  countersigned  by  the  secre- 
tary and  attested  by  the  seal  of  such  board  of  edu- 
cation. 

Sec.  1010.  GENERAL  POWERS  OF  BOARD. 
—The  board  shall  have  power  and  it  shall  be  its  duty : 
(See  Sec.  prfo.) 

1.  To  organize  and  establish  such  schools  in  the 

district  as  it  shall  deem  requisite  and  expedient,  and    Over  schools, 
to  change  and  discontinue  the  same. 

2.  To  purchase,   sell,   exchange   and   hire     school 
houses  and  rooms,   lots  or  sites  for  school  houses,  and 


Moneys —  • 
how    paid    out. 


General     powers 
of    board: 


Houses   and 
sites. 


—9— 


130 


GENERAL  SCHOOL  LAWS 


to  fence  and  improve  the  same.       (See  Appendix  C. 
-VI,  i,  a,  b.) 

3.  To  -build,    enlarge,    alter,    improve   and    repair 
Buildings.           school  houses,  outhouses  and  appurtenances  as  it  may 

deem  advisable  upon  lots  and  sites  owned  by  the  dis- 
trict. 

4.  To  purchase,  sell,  exchange,  improve  and  repair 
school  apparatus,  books  for  indigent  pupils,  furniture 
and  appendages  and  provide  fuel  for  schools. 

5.  To  have  the  custody  and  safe  keeping  of  the 
school  houses,  outhouses,  books,  furniture  and  appur- 
tenances, and  to  see  that  the  ordinances  of  the  city 
council  in  relation  thereto  are  observed. 

,6.     To  contract  with  and  employ  all  teachers     in 
such  schools  and  remove  them  at  pleasure. 

7.  To  pay  the  wages  of  such  teachers  out*of  the 
money  appropriated  and  provided  by  law  for  the  sup- 
port of  common  schools  in  such  district,  so  far  as  the 
same  shall  be  sufficient,  and  the  residue  thereof  from 
the  money  authorized  to  be  raised  by  this  article. 

8.  To  defray   the  necessary  and   contingent     ex- 
penses of  the  board,  including  the  compensation     of 
the  secretary. 

9.  To  have   in  all   respects  the     superintendence, 
supervision  and  management  of  the  common  schools 
of  such  district,  and  from  time  to  time  to  adopt,  alter, 
modify  and  repeal,  as  they  may  deem  expedient,  rules 
and  regulations  for  their  organization,  grading,  gov- 
ernment and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  for  the 
suspension  and  expulsion  of  pupils  subject  to  the  same 
restrictions  as  are  contained  in  subdivision  11  of  sec- 
tion 960,  and  generally  for  their  good  order,  prosper- 
ity and  utility. 

10.  To  prepare  and  report  to  the  city  counsel  of 
the  city  such  ordinances     and  regulations  as  may  be 
necessary  and  proper  for  the  protection,  safe-keeping, 
care  and  preservation  of  school  houses,  lots,  and  sites 
and  appurtenances  and  all  the  property  belonging  to 
the   district   connected   with   or  appertaining     to  the 
schools  within  the  city  limits,  and  to  suggest  proper 
penalties  for  the  violation  of  such  ordinances  and  reg- 
ulations, and  annually,  on  or  before  the  first  Monday 
in  July,  to  determine  and  certify  to  the  county  auditor 
the  rate  of  taxation  in  its  opinion  necessary  and  pro- 
per to  be  levied  under  the  provisions  of  this  article  for 
the  vear  commencing  on  the  first  day  of  July  there- 


Books  and  ap- 
paratus. 


Care    of    prop- 
erty. 


Teachers. 


Teachers 
wages. 


Expenses. 


Rules  and  reg- 
ulations. 


Prepare    ordin- 
ances. 


Certify    tax 
levy. 


STATE   OF   NORTH   DAKOTA 


131 


Visitation. 


after,  and  also  at  any  time  to  determine  how  many 
and  what  denomination  of  bonds  shall  be  issued  and 
sold  to  pay  the  extraordinary  outlays  required. 

Sec.  1011.  VISITING  SCHOOLS.— Each  mem- 
ber of  the  board  shall  visit  all  the  public  schools  in  the 
district  at  least  twice  in  each  year  of  his  official  term, 
and  the  board  shall  provide  that  each  of  the  schools 
shall  be  visited  by  a  committee  of  three  or  more  of 
tneir  number  at  least  once  during  such  term. 

Sec.  1012.  NON-RESIDENT  PUPILS.— Such 
board  of  education  shall  have  power  to  allow  the  chil- 
dren not  resident  in  such  district,  to  attend  the  schools 
of  such  district  under  the  control  and  care  of  such 
board,  upon  terms  as  the  board  shall  prescribe,  fixing 
the  tuition  which  shall  be  paid  therefor. 

,Sec.  1013.  EXPENDITURES  NOT  TO  EX- 
CEED REVENUES.— It  shall  be  the  duty  of  the 
.board  in  all  its  expenditures  and  contracts  to  have 
reference  to  the  amount  of  money  which  shall  be  sub- 
ject to  its  order  during  the  current  year  for  the  par- 
ticular expenditures  in  question  and  not  to  exceed 
that  amount. 

Sec.  1014.  TITLE  TO  PROPERTY  OF  DIS- 
TRICT.— The  title  to  all  property  belonging  to  any 
such  independent  school  district  shall  be  vested  in 
such  district  for  the  use  of  the  schools,  and  the  same 
while  used  and  appropriated  for  school  purposes 
shall  not  be  levied  upon  or  sold  by  virtue  of  any  war- 
rant or  execution  or  other  process,  nor  be  subject  to 
any  judgment  or  mechanic's  lien  or  taxation  for  any 
purpose  whatever;  and  the  district  in  its  corporate 
capacity  may  take,  hold  and  dispose  of  any  real  and 
personal  property  transferred  to  it  by  gift,  grant,  be- 
quest or  devise  for  the  use  of  common  schools  for 
the  district,  whether  the  same  is  transferred  in  terms 
to  such  district  by  its  proper  name  or  to  any  person 
or  body  for  the  use  of  such  schools. 

Sec.  1015.  REAL  PROPERTY.  TITLE,  HOW 
CONVEYED. — Whenever  any  property  is  purchased 
by  the  board  a  conveyance  thereof  shall  be  taken  in 
the  name  of  such  district ;  and  whenever,  any  sale  of 
such  property  is  made  by  the  board,  a  resolution  in 
favor  of  such  sale  shall  first  be  adopted  and  spread 
upon  the  records  of  the  board,  and  the  conveyance  of 
such  property  shall  be  executed  m  the  name  of  such 
district  by  the  president  of  the  board  attested  by  the 


Non-resident 
pupils. 


Expenditures 
— must   be 
within    rev- 
enues. 


Title    to    prop- 
erty— how 
vested. 


Not  subject  to 
lien. 


By  gift  and 
devise. 


Real    estate — 
how  conveyed. 


132 


GENERAL  SCHOOL  LAWS 


Treasurer — 
reports   by. 


Contents   of 
report. 


secretary  under  the  seal  thereof,  and  acknowledged 
by  such  officers.  ,=  Such  president  and  secretary  shall 
have  authority  to  execute  conveyances  as  aforesaid, 
with  or  without  covenants  of  warranty  on  behalf 
of  the  district. 

Sec.  1016.  REPORT  OF  CITY  TREASURER. 
— It  shall  be  the  duty  of  the  city  treasurer  at  least  fif- 
teen days  before  the  annual  election  for  members  of 
such  board  and  as  often  as  called  upon  by  the  board, 
to  prepare  and  report  to  such  board  a  true  and  cor- 
rect statement  of  the  receipts  and  disbursements  of 
moneys  under  and  pursuant  to  the  provisions  of  this 
article,  during  the  preceding  year,  which  statement 
shall  set  forth  under  appropriate  head: 

1.  The  money  raised  by  the  board  under  section 
1003. 

2.  iThe  school  moneys   received   from  the   county 
treasurer. 

3.  The  money  received  under  section  1006. 

4.  All  moneys  received  by  the  city  treasurer,  sub- 
ject to  the  order  of  the  board,  specifying  the  sources 
from  which  it  accrued. 

•5.  The  manner  in  which  all  money  has  been  ex- 
pended, specifying  the  amount  under  each  head  of 
expenditures  and  the  board  shall  at  least  one  week 
before  such  election,  cause  such  statement  to  be  pub- 
lished in  all  the  newspapers  of  the  city  which  will 
publish  the  same  gratuitously. 

Sec.  1017.  CITY  COUNCIL  TO  PASS  CER- 
TAIN ORDINANCES.— The  city  council  shall  have 
the  power  and  it  shall  be  its  duty  to  pass  such  ordi- 
nances and  regulations  as  the  board  of  education 
may  recommend  as  necessary  for  the  protection, 
preservation,  safe-keeping  and  care  of  the  school 
houses,  lots,  sites,  appurtenances,  libraries  and  all 
necessary  property  belonging  to  or  connected  with 
the  schools  of  the  city,  and  to  provide  proper  penal- 
ties for  the  violation  thereof ;  and  all  penalties  shall 
be  collected  in  the  same  manner  that  the  penalties 
for  violation  of  city  ordinances  are  collected,  and 
when  collected  shall  be  paid  to  the  city  treasurer,  and 
placed  to  the  credit  of  the  board  of  education,  and 
shall  be  subject  to  its  order  as  herein  provided. 

Sec.  1018.  FORFEIT  FOR  REFUSAL  TO! 
SERVE  AS  MEMBER  OF  BOARD.— It  shall  be 
the  duty  of  the  clerk  of  such  board  immediately  after 


Ordinances — 
city    council 
to   pass. 


Penalties. 


Notice  to 
member-elect 
of  board. 


_ 


STATE   OF   NORTH   DAKOTA 


133 


Penalty    for    re- 
fusal to  act. 


the  election  of  any  person  as  a  member  thereof,  per- 
sonally or  in  writing,  to  notify  him  of  his  election, 
and  if  any  person  shall  not  within  ten  days  after  re- 
ceiving such  notice  of  election,  take  and  subscribe 
the  oath  as  herein  provided  and  file  the  same  with  the 
city  auditor,  the  board  may  consider  it  as  a  refusal 
to  serve,  and  fill  the  vacancy  thus  occasioned,  and 
the  person  so  refusing  shall  forfeit  and  pay  to  the 
city  treasurer  for  the  benefit  of  the  schools  of  such 
district  a  penalty  of  fifty  dollars,  which  may  be  re- 
covered in  the  name  of  such  city,  by  a  civil  action. 

Sec.  1019.  NEW  DISTRICT  TO  ASSUME 
DEBTS  OF  OLD.— School  districts  created  under 
the  provisions  of  this  article  shall  assume  all  obliga- 
tions and  liabilities  incurred  by  the  districts  out  of 
which  they  are  formed,  if  old  districts  are  not  divided, 
and  a  proportionate  part,  if  divided. 


Old    debts    to 
be    assumed   by 
district. 


ARTICLE  21. — BOARDS    OF    EDUCATION 
CITIES. 


IN 


CERTAIN 


Sec.  1020.  BOARDS  TO  BE  ELECTED  AT 
LARGE. — In  each  city  not  organized  under  the  gen- 
eral law  there  shall  be  a  board  of  education  consisting 
of  seven  members  having  the  qualifications  of  elect- 
ors who  shall  be  elected  at  large  by  the  electors  of 
such  city  qualified  to  vote  at  school  elections ;  and, 
except  as  may  be  otherwise  provided  herein  for  the 
first  election,  two  members  of  such  board  shall  be 
elected  annually  and  three  triennially  at  a  special  elec- 
tion to  be  held  on  the  Tuesday  after  the  first  Mon- 
day in  June ;  provided,  that  the  provisions  of  this 
article  shall  not  apply  to  cities^existing  under  a  special 
act  and  which  are  now  conducting  their  schools  under 
the  general  school  laws. 

Sec.  1021.  TERM  OF  OFFICE.— The  term  of 
office  of  a  member  of  the  board  of  education,  except 
as  in  this  article  otherwise  provided,  shall  be  three 
years  and  until  his  successor  is  elected  and  qualified. 

Sec.  1022.  ELECTIONS,  HOW  CONDUCTED. 
—All  elections  under  the  provisions  of  this  article 
shall  t>e  called,  conducted  and  the  votes  canvassed  and 
returned  in  the  manner  provided  by  law  for  general 
city  elections. 

Sec.  1023.  RELATIVES  NOT  ELIGIBLE  AS 
TEACHERS. — No  son,  wife  or  daughter  of  any 


Board  elected 
at    large — when. 


Office — term    of 


Elections — 
conduct  of. 


Relatives  ineli- 
gible as  teach- 
ers. 


134  GENERAL  SCHOOL  LAWS 

member  of  the  school  board  shall  be  eligible  to  a  posi- 
tion as  a  teacher  in  schools  of  the  district  which  such 
member  represents  except  upon  the  consent  of  all  the 
members  of  such  board. 

Sec.  1024.  INDEPENDENT  SCHOOL  OR- 
GANIZATIONS UNDER  SPECIAL  LAWS 
ABOLISHED. — Any  independent  district  organized 
for  school  purposes  under  a  special  law,  which  does 
not  include  or  is  not  included  in  any  city 
or  incorporated  town  or  village  organized  for 
municipal  purposes,  shall  become  a  part  of  the 
school  district  in  which  it  is  located  by  the  re- 
peal of  the  special  law  organizing  or  governing  such 
Districts  under  independent  district.  Any  independent  district  or- 
aboiishedaw  ganized  for  school  purposes  under  a  special  law  or 
under  any  other  law  than  is  contained  in  this  chapter, 
which  includes  or  is  included  in  any  city  or  incorpor- 
ated town  or  village  organized  for  municipal  purposes, 
shall  become  a  special  district  by  the  repeal  of  the  spe- 
cial law  organizing  or  governing  such  independent 
school  district.  Any  school  district  or  special  dis- 
trict so  constituted  or  constituted  in  part  shall  be  gov- 
erned by  the  provisions  of  this  chapter;  provided, 
that  nothing  herein  shall  prevent  any  such  independ- 
ent district  from  coming  under  the  operation  of  this 
chapter  in  the  manner  therein  provided. 

Sec.  1025.       OLD  SCHOOL  OFFICERS  HOLD 
OVER. — The  board  of  education  or  other  governing 
board  of  such  independent  district  shall  continue  to 
exercise  the  powers  and  duties  devolving  upon  it  un- 
der the  provisions  of  such  special  or  other  law  gov- 
erning such  independent  district,  the  same  as  though 
Officers  of  old  such  law  had  not  been  repealed,  until  the  second  Tues- 
over.lct  day  in  July  following  the  repeal  of  such  special  or 

other  law ;  provided,  that  all  that  portion  of  the  gen- 
eral school  laws  which  provides  for  an  annual  school 
election  shall  apply  to  such  independent  district  and 
shall  be  in  full  force  and  effect  for  the  purpose  of 
electing  school  officers  at  such  annual  school  election ; 
and  such  officers  shall  be  elected  in  and  for  the  whole 
school  district,  including  the  independent  district  or 
portion  of  such  independent  district  located  therein, 
or  m  and  for  the  special  district,  the  same  as  though 
no  law  had  ever  existed  providing  for  the  organiza- 
tion of  such  independent  district ;  provided,  further, 
that  in  a  special  district  formed  and  created  as  here- 
in provided,  a  full  board  of  education  shall  be  elected 


STATE   OF   NORTH   DAKOTA 


135 


as  provided  by  law  for  first  elections,  but  in  school 
districts  formed  and  created  as  herein  provided  by  the 
addition  of  such  independent  district  or  portion 
thereof,  there  shall  be  elected  only  such  officers  as  are 
required  to  fill  the  regular  vacancies  in  the  school 
offices  of  such  school  district  heretofore  organized. 

Sec.  1026.  DEBTS  AND  ASSETS  DETER- 
MINED BY  ARBITRATION.— When  the  bound- 
aries of  such  school  district  shall  have  been  arranged 
as  contemplated  in  this  article,  the  determination  and 
division  or  consolidation  of  all  debts,  property  and 
assets  of  the  several  portions  of  such  district  or  dis- 
tricts so  consolidated  shall  be  made  by  arbitration  as 
provided  by  law.  (See  Sec.  864.) 


Equalization 
of    debts    and 
assets. 


ARTICLE  22. — FREE  TEXT  BOOKS. 

Sec.  1027.  POWER  OF  BOARD  OF  EDUCA- 
TION.— The  board  of  trustees  or  board  of  education 
of  each  and  every  school  district  in  the  state  of  North 
Dakota  is  hereby  authorized  and  empowered  to  select 
adopt  and  contract  for  all  books  and  supplies  needful 
for  the  school  or  schools  under  its  charge;  and  the 
said  board  of  trustees  or  board  of  education  shall 
have  power  to  purchase  the  text  books  and  supplies 
selected  or  contracted  for,  and  provide  for  the  loan 
free  of  charge  or  sale  at  cost  of  such  text  books  and 
supplies  to  the  pupils  in  attendance  at  such  school  or 
schools;  provided,  that  no  adoption  or  contract  shall 
be  for  a  period  of  less  than  three  years  nor  more  than 
five  years ;  during-  which  time  the  text  books  so  se- 
lected, adopted  and  contracted  for  shall  not  be 
changed ;  provided,  further,  that  before  any  publish- 
er or  publishers  shall  enter  or  attempt  to  enter  into 
any  contract  for  the  sale  of  text  books,  as  hereinbe- 
fore provided,  they  shall  file  with  the  superintendent 
of  public  instruction  of  the  state  of  North  Dakota  a 
list  of  their  books  and  the  lowest  prices  at  or  for 
which  they  will  sell  any  or  all  of  such  books  to  any 
board  of  trustees  or  board  of  education  in  the  state 
of  North  Dakota,  and  they,  the  sai'd  publishers,  shall 
deposit  with  the  superintendent  of  public  instruction 
a  sample  copy  of  each  book  so  listed,  which  shall  rep- 
resent in  style  of  binding,  mechanical  execution,  gen- 
eral make-up  and  matter  the  book  or  books  they  offer 
to  sell  to  the  board  of  trustees  at  or  for  the  prices  so 
listed  and  in  no  case  shall  prices  be  raised  above  said 


Free   text 
books. 


No    change 
within    3    years. 


Publishers   to 
file    price   lists. 


And    deposit 
sample — 
where. 


136  GENERAL  SCHOOL  LAWS 

listed  prices  as  filed.  It  shall  be  the  duty  of  the  sup- 
erintendent of  public  instruction  to  furnish  a  certified 
copy  of  the  list  of  books  and  prices  filed  in  accordance 
with  the  provisions  of  this  section  to  the  district  clerk 
of  each  common  school  district  in  the  state  of  North 
Dakota. 

Sec.  1028.      FREE  TEXT  BOOKS  PROVIDED. 
WHEN. — Whenever   in   the   judgment   of  the  board 
it  is  desirable  or  necessary  to     the  welfare     of  the 
schools  in  the  district  or  to  provide  for  the  children 
therein    better    school    privileges,    or    whenever    peti- 
r  hen  bor°0ks~      tioned  so  to  do  by  two-thirds  of  the  voters  in  the  dis- 
vided. pr  trict,  the  board  shall  provide  free  text  books  and  sup- 

plies for  all  schools  under  its  charge,  in  such  man- 
ner as  hereinbefore  provided.  All  books  purchased 
in  accordance  with  the  provisions  of  this  article  shall 
be  paid  for  out  of  the  school  funds  of  the  respective 
districts,  and  it  shall  be  the  duty  of  the  school  dis- 
tricts and  school  boards  to  see  that  sufficient  funds 
are  raised  and  set  aside  for  the  purpose  of  this  arti- 
cle. The  clerk  of  each  district  shall  also  keep  a  rec- 
ord of  all  books  furnished  to  the  schools  in  the  dis- 
trict. 

ARTICLE  23. — PURCHASE  OF  FLAGS  FOR  SCHOOL  DIS- 
TRICTS. 

Sec.  1029.       UNITED  STATES  FLAG  TO  BE 

DISPLAYED.— The  school  board  of  any  city,  town 

flagteto  beatdis-  or  district,  is  authorized  and  required  to  purchase  at 

played— when,      the  expense  of  the  city,  town  or  district  one  or  more 

flags  of  the  United  States,  which  shall  be  displayed 

in    reasonable    weather,    upon    the    school    houses    or 

flagstaffs  upon  the  school  grounds  during  the  school 

hours  of  each  day's  session  of  school,  and  a  failure  to 

Failure— pen-       comply  with  the  provisions  of  this  article  on  the  part 

of  any  board  of  education   or  district  school  board, 

shall  be  sufficient  grounds  for  removal  of  members  of 

such  board  from  office. 

•LIBRARY  COMMISSION. 
Chapter   156  Session  Laws  of  /pop. 

Sec.   1.       COMMISSION   CREATED.— There  is 
°f         hereby  created  a  state  public  library  commission  con- 
sisting of  five  members. 


STATE   OF   NORTH   DAKOTA 


137 


Sec.  2.    :  COMMISSION,  OF     WHOM     COM- 
POSED.— The  state  superintendent  of  public  instruc- 
tion, the  secretary  of  the  state  historical  society  and 
the  president  of  the  state  library  association  are  here- 
by constituted  members,  ex  orficio,  of  the  said  state    Of  whom 
library   commission;   and   the   governor  of   the   state    composed, 
shall  appoint,  as  soon  as  practicable  after  the  passage    points0?™*1* 
and  approval  of  this  act,  two  suitable  persons  within    members- 
the  state  as  members  of  the  said  state  library  commis- 
sion,  which   appointments   shall  be  confirmed  by  the 
senate.       The  commission  shall  elect  its  own  officers 
from  among  its  own  members  and  shall  also  have  the 
power  to  select  a  competent  person  to  have  control  of 
the  work  and  who  shall  be  known  as  the  secretary  of 
the  library  commission  and  director  of  library  exten- 
sion. 

Sec.  3.  TERM  OF  OFFICE  OF  APPOINTED 
MEMBERS.— The  members  appointed  by  the  gov- 
ernor shall  hold  office  as  follows :  One  for  four 
years  from  April  1,  1909,  and  one  for  six  years  from 
April  1,  1909,  and  until  their  successors  are  appointed 
and  qualified.  Appointments  made  thereafter  shall  Term  of  office- 
be  for  the  full  term  of  six  years  each;  provided,  that 
in  case  of  appointment  to  fill  a  vacancy  caused  by  res- 
ignation, death  or  removal,  the  appointment  shall  be 
made  for  the  unexpired  term  of  the  member  whose 
death,  resignation  or  removal  caused  the  vacancy. 

Sec.  4.  EXPENSES  OF  MEMBERS  AL- 
LOWED.— No  member  of  said  state  library  commis- 
sion shall  ever  receive  any  salary  or  per  diem  or  com- 
pensation of  any  kind  for  services  as  members  of  such  Expenses, 
commission.  Members  of  the  state  library  commis- 
sion shall  be  allowed  and  paid  necessary  traveling  ex- 
penses in  attending  meetings  of  the  commission  or  in 
visiting  or  establishing  libraries,  and  other  incidental 
and  necessary  expenses  connected  with  the  work  of 
the  commission. 

Sec.  5.  DUTIES. — The  state  library  commission 
on  and  after  its  creation  and  organization,  shall  take 
over  and  add  to  the  educational  reference  library  and 
the  system  of  traveling  libraries,  and  shall  continue 
the  same,  and,  as  its  funds  permit,  shall  increase  the 
number  and  usefulness  of  the  libraries.  Any  city,  Duties- 
town,  village,  school  district  or  community  within  the 
state  of  North  Dakota  may  borrow  books  under  the 
rules  and  regulations  of  the  state  library  commission. 


138  GENERAL  SCHOOL  LAWS 

The  commission  shall  catalogue  and  otherwise  pre- 
pare said  books  for  circulation  and  shall  make  rules 
and  regulations  according  to  which  the  business  of 
the  commission  shall  be  done;  and  also  such  rules 
and  regulations  as  shall  insure  the  care,  preservation 
and  safe  return  of  all  books  loaned.  The  state  li- 
brary commission  shall  have  the  power  and  it  shall  be 
its  duty  to  establish  a  legislative  reference  bureau  for 
the  information  and  assistance  of  the  members  of 
the  legislative  assembly  in  the  work  of  legislation. 
The  legislation  of  other  states  and  information  upon 
legal  and  economic  questions  shall  be  classified  and 
catalogued  in  such  a  way  as  to  render  the  same  easy 
of  access  to  members,  thereby  enabling  them  better 
to  prepare  for  their  work.  It  shall  be  the  duty  of 
the  legislative  librarian  to  assist  in  every  way  pos- 
sible the  members  of  the  legislative  assembly  in  ob- 
taining information  and  in  the  preparation  of  bills. 

Sec.  6.      COMMISSION  GIVES  ADVICE  AND 
AID. — The  librarian  or  trustees   of  any   free  public 
library  or  the  trustees  of  any  village,  town  or  com- 
munity, entitled  to  borrow  books  from  said  traveling 
Librarian  to  as-  libraries  may,  without  charge,  ask  and  receive  advice 
taWishment  of"    an<^   instruction   from   said   library   commission   upon 
libraries.  any  matter  pertaining  to  the   organization,   mainten- 

ance or  administration  of  the  libraries,  and  said  com- 
mission shall,  as  far  as  possible,  promote  and  assist  by 
counsel  and  encouragement,  the  formation  of  librar- 
ies where  none  exist,  and  the  commission  may  also 
send  its  members  to  aid  in  organizing  new  libraries 
or  improving  those  already  established. 

Sec.  7.  STATISTICS  KEPT.  PUBLISH 
REPORT. — The  state  library  commission  shall  keep 
statistics  of  the  free  public  libraries  of  North  Da- 
kota and  a  record  of  the  work  done  and  books  loaned 
by  said  commission,  and  shall  make  a  full  report  to 
each  general  session  of  the  legislature  of  all  expendi- 
tures by  the  commission,  and  of  such  statistics  and 
records  as  shall  show  the  work  done  by  the  commis- 
sion, the  use  made  of  the  traveling  libraries,  and  of  all 
other  matters  which  they  deem  expedient  for  the  in- 
formation of  the  legislature,  and  the  printing  of 
which,  and  all  other  printing  coming  within  the  pur- 
view of  the  library  commission,  shall  be  paid  for  out 
of  the  general  printing  fund  of  the  state. 


STATE  OF   NORTH   DAKOTA 


139 


to 


Sec.  8.  OFFICES  PROVIDED.—  There  shall 
be  provided  in  the  capitol  building  adequate  office 
room,  to  be  furnished  in  the  same  manner  as  other 
offices  therein  are  furnished,  for  the  state  library 
commission,  with  such  suitable  quarters  as  may  be 
necessary  for  the  proper  shelving  of  the  educational 
reference  library,  the  books  of  the  traveling  librar- 
ies and  the  legislative  reference  collection. 

Sec.  9.  APPROPRIATION.—  There  is  hereby 
appropriated  for  the  use  and  purposes  of  the  state 
library  commission  any  unexpended  balances  in  the 
funds  appropriated  for  the  educational  reference  li-  Appropriation. 
brary  and  traveling  libraries,  and  also  an  annual  ap- 
propriation of  seven  thousand  eight  hundred  dollars 
out  of  any  moneys  in  the  state  treasury  not  otherwise 
appropriated. 

Sec.  10.       REPEAL.—  All  acts  or  parts  of  acts  in 
conflict  with  the  provisions  of  this  act  are  hereby  re-    Repeal 
pealed,  especially  any  acts  or  parts  of  acts  carrying 
any  appropriations  for  the  so-called  educational  ref- 
erence library  and  traveling  libraries. 


ARTICLE  25. — HIGH  SCHOOL     BOARD. 

Sec.     1031.       HIGH     SCHOOL     BOARD.— The 
governor,  superintendent  of  public     instruction     and 
president   of  the   state  university   are   hereby   consti-    j^'J^J^J1001 
tuted   a   board   of     commissioners     on     preparatory    whom  com- 
schools  for  the  encouragement  of  higher  education  in    pose  ' 
the   state.        Said  board   shall   be   called     the   "High 
School  Board,"  and  shall  perform  the  duties  and  have 
and  exercise  the  powers  hereinafter  mentioned. 

Sec.  1032.  SCHOOLS  .  CLASSIFIED.— Any 
public  graded  school  in  any  city  or  incorporated  vil- 
lage or  township,  organized  into  a  district,  under  the 

1  •  1-    7    •    ,  1  •    1        1      11  •  State  high 

township  or  district  system,  which  shall  give  mstruc-    school— what 
tion  according  to  the  terms  and  provisions  of  this  ar-    1S> 
tide  and  shall  admit  students  of  either  sex  from  any 
part  of  the  state  without  charge  for  tuition,  shall  be 
entitled  to  be  classified  as  a  state  high  school  and  to 
receive  pecuniary  aid  as  hereinafter  specified ;  provid- 
ed, however,  that  no  such  school  shall  be  required  to    ]rc 
admit  non-resident  pupils  unless  they  pass  an  exam-    into, 
ination  in  orthography,  reading  in  English,  penman- 
ship, arithmetic,  grammar,  modern  geography  and  the 
history  of  the  United  States. 


140  GENERAL  SCHOOL  LAWS 

Sec.   1033.       REQUIREMENTS   FOR  CLASSI- 
Condit-:9ns  up-    FICATION. — The   said   board   shall    receive   of   the 

on    which    state         11  -\    •  c  1  •  •  1 

aid  is  granted,  schools  applying  tor  such  pecuniary  aid  as  prerequi- 
site to  receiving  such  aid,  compliance  with  the  fol- 
lowing conditions,  to-wit : 

1.  That  there  be  regular  and  orderly  courses   of 
Course  of          study,  embracing  all  the  branches  prescribed  by  the 

said  board  for  the  first  two  years  of  the  high  school 
course. 

2.  That   the   said   school   receiving   pecuniary   aid 
visitation.           under  this  article  shall   at  all  times  permit  the  said 

board  of  commissioners,  or  any  of  them,  to  visit  and 
examine  the  classes  pursuing  the  said  preparatory 
courses. 

Sec.  1034.  (  Amended.}  SCHOOLS  VISITED 
ONCE  EA'CH  YEAR.  WHAT  SCHOOLS  TO 
RECEIVE  STATE  AID.  APPROPRIATION.- 
state  aid  to  ap-  Tne  nlgn  school  board  shall  cause  each  school  re- 
proved schools,  ceiving  aid  under  this  article  to  be  visited  at  least 
once  each  year,  by  a  committee  of  one  or  more  mem- 
bers, or  by  some  person  designated  by  the  high  school 
board,  who  shall  carefully  inspect  the  instruction  and 
discipline  of  the  preparatory  classes  and  make  a  writ- 
ten report  on  the  same  immediately ;  provided,  that 
no  money  shall  be  paid  in  any  case  until  after  such 
report  shall  have  been  received  and  examined  by  the 
board  and  the  work  of  the  school  approved  by  the 
board.  The  said  board  shall  receive  applications  from 
such  schools  for  aid  as  hereinafter  provided,  which 
applications  shall  be  received  and  acted  upon  in  order 
of  their  reception.  The  said  board  shall  apportion 
to  each  of  said  schools,  which  shall  have  fully  com- 
plied with  the  provisions  of  this  article,  and  whose 
application  shall  have  been  approved  by  the  board,  the 
following  sums,  to-wit :  Eight  hundred  dollars  each 

Amount  of  aid.  111  •    L    •    >  >    i  •    1 

year  to  each  school  maintaining  a  four  years  high 
school  course  and  doing  four  years'  high  school  work. 
'The  sum  of  five  hundred  dollars  each  year  to  each 
school  having  a  three  years'  high  school  course  and 
doing  three  years'  high  school  work.  The  sum  of 
three  hundred  dollars  each  year  to  each  school  having 
a  two  years'  high  school  course  and  doing  two  years' 
high  school  work;  provided,  that  the  moneys  so  ap- 
propriated to  any  high  school  shall  be  used  to  increase 
the  efficiency  of  the  high  school  work ;  provided,  that 
not  more  than  forty  per  cent  of  the  money  appropriat- 


STATE  OF   NORTH   DAKOTA 


141 


Appropriation. 


ed  must  be  used  in  any  one  year  for  libraries,  labora- 
tories and  other  apparatus  and  equipment;  provided, 
'further,  that  the  total  amount  of  apportionment  and 
expenses  under  this  article  shall  not  exceed  forty-five 
thousand  dollars  in  one  year.  The  sum  of  forty-five 
thousand  dollars  is  hereby  appropriated  annually  for 
the  purposes  of  this  article,  to  be  paid  out  of  any  mon- 
eys in  the  state  treasury,  not  otherwise  appropriated, 
which  amount,  or  so  much  thereof  as  may  be  neces- 
sary, shall  be  paid  upon  the  itemized  vouchers  of 
said-  board,  duly  certified  and  filed  with  the  state  aud- 
itor ;  provided,  however,  that  in  case  the  amount  ap- 
propriated and  available  under  this  article  for  the  pay- 
ment of  aid  to  such  schools  shall  in  any  year  be  in- 
sufficient to  apportion  each  of  such  schools  as  are  en- 
titled thereto  the  full  amount  intended  to  be  appor- 
tioned to  the  high  schools  of  the  various  classes,  then, 
in  such  case  such  amount  as  is  apportioned  and  avail- 
able shall  be  apportioned  pro  rata  among  the  schools 
entitled  thereto. 

Sec.  1035.  NO  COMPENSATION.  EXPENS- 
ES.— The  members  of  the  board  shall  serve  without 
compensation,  but  the  actual  and  necessary  expenses 
of  the  board,  any  clerical  officer  of  the  board,  or  an 
examiner  shall  be  paid  in  the  same  manner  as  those 
of  state  officers ;  provided,  that  the  total  expense,  in- 
cluding the  apportionment  to  the  schools  aforesaid 
shall  not  exceed  forty-five  thousand  dollars  in  any 
one  year. 

Sec.  1036. 


Funds    pro-     fc 
rata  if  appro- 
priation    insuf- 
ficient. 


Actual  ex- 
penses   only, 
to   board. 


Appropriation 
limited. 


( A  mended. )         DISCRETIONARY 

POWERS.  ASSISTANT  EXAMINER.— The 
high  school  board  shall  have  full  discretionary  power 
to  consider  and  act  upon  applications  of  schools  for 
state  aid  and  to  prescribe  conditions  upon  which  said 
aid  shall  be  granted,  and  it  shall  be  its  duty  to  accept 
and  aid  such  schools  only  as  will,  in  its  opinion,  if  aid- 
ed, efficiently  perform  the  service  contemplated  by 
law ;  but  in  each  county  five  schools  complying  with 
the  prescribed  conditions  shall  have  a  right  to  aid  from 
this  appropriation  before  aid  may  be  granted  to  a 
sixth  school  in  any  county.  Any  school  once  accept- 
ed and  continuing  to  comply  with  the  law  and  reg- 
ulations of  the  board  made  in  pursuance  thereof  shall 
be  aided  not  less  than  three  years.  The  board  shall 
have  power  to  establish  any  necessary  and  suitable 


Discretion    of 
board. 


Three  schools. 


Rules    and 
regulations. 


142 


GENERAL  SCHOOL  LAWS 


No    compensa- 


rules    and    regulations    relating   to    examinations,    re- 
Assistant  exam-  ports,  acceptance  and  classification  of  schools,  courses 
of  study  and  other  proceedings  under  tnis  article.  Any 
assistant  examiner  appointed  by  the  high  school  board 
as  authorized  by  law  shall  be  entitled  to  receive  such 
compensation  as  the  board  may  allow,  not  exceeding 
tion— to^whom.    three  dollars  per  day ;  provided,  that  no  such  compen- 
sation shall  be  paid  to  any  person  receiving  a  salary 
from  the  state  or  from  any  state  institution. 

Sec.  1037.  SHALL  KEEP  RECORD.— The  said 
board  shall  keep  a  record  of  all  the  proceedings  and 
shall  make  on  or  before  the  first  day  of  December  in 
each  year,  a  report,  covering  the  previous  school  year, 
to  the  superintendent  of  public  instruction,  showing  in 
detail  all  receipts  and  disbursements,  the  names  and 
number  of  schools  receiving  aid,  the  number  of  pupils 
attending  the  classes  in  each,  to  which  report  they 
may  add  such  recommendations  as  they  may  deem 
useful  and  proper. 


Records   and 
reports. 


Water   closets. 


Duties    of 
school    officers 
thereto. 


Expenses. 


Stables. 


ARTICLE  26. — HEALTH  AND  DECENCY  IN  PUBLIC 
SCHOOLS. 

Sec.  1038.  DUTY  OF  BOARDS  OF  EDUCA- 
TION.—It  shall  be  the  duty  of  all  boards  of  educa- 
tion and  district  school  boards  in  this  state  to  provide 
suitable  and  convenient  water  closets  or  privies  for 
each  of  the  schools  under  their  charge,  at  least  two  in 
number,  which  shall  be  entirely  separate  each  from 
the  other,  and  having  separate  means  of  access ;  and 
it  shall  be  the  duty  of  the  school  officers  aforesaid  to 
keep  the  same  in  a  clean,  chaste  and  wholesome  con- 
dition ;  and  a  failure  to  comply  with  the  provisions  of 
this  article  on  the  part  of  any  board  of  education  or 
district  school  board,  shall  be  sufficient  grounds  for 
removal  from  office  and  for  withholding  from  any 
district  any  part  of  the  public  moneys  of  the  state. 
The  expense  incurred  by  the  officers  aforesaid  in 
carrying  out  the  requirements  of  this  article  shall  be  a 
charge  upon  the  district,  when  such  expense  shall  have 
been  approved  by  the  county  superintendent  of  schools 
of  the  county  within  which  the  school  district  is  lo- 
cated and  a  tax  may  be  levied  therefor  without  a  vote 
of  the  district. 

Sec.  1039.  STABLES  IN  RURAL  DISTRICTS. 
HITCHING  POSTS.— If  in  any  rural  school  district, 


STATE   OF   NORTH   DAKOTA  143 

a  petition  signed  by  the  persons  charged  with  the  sup- 
port and  having  the  custody  and  care  of  eight  or  more 
children  of  school  age  is  presented  to  the  school  board 
asking  for  the  building  of  a  suitable  stable  upon  the 
school  site,  the  board  shall  provide  such  stable  with- 
out unnecessary  delay.  It  shall  be  the  duty  of  the 
school  board  in  rural  districts  to  provide  four  substan-  Hitching  posts, 
tial  hitching  posts  for  each  school  site  in  the  district. 

* 

POOL  ROOMS. 
(Chapter  ijo  Session  Laws  of  ipop.) 

Sec.  1.  (Amendment.)  Chapter  128  of  the  laws 
of  1907,  being  an  amendment  of  section  8983  of  the 
revised  codes  of  North  Dakota,  1905,  be  and  the  same 
is  hereby  amended  and  re-enacted  to  read  as  follows: 

Sec.  8983.  MINORS  NOT  ALLOWED  IN 
CERTAIN  PUBLIC  PLACES.  PENALTY.— It 
shall  be  unlawful  for  any  owner  or  keeper  of  any  pool 
or  billiard  hall,  or  any  bowling  alley  or  any  temper- 
ance saloon,  or  any  place  under  any  name  whatever 
where  the  games  of  pool,  billiards,  bowling  or  cards 
are  played,  to  allow  any  person  under  the  age  of 
eighteen  years  or  any  person  attending  a  local  high  Mm 
school  to  either  play  any  of  the  games  mentioned  or 
to  be  employed  in  said  places  or  be  allowed  to  visit 
said  places,  unless  accompanied  by  parent  or  guar- 
dian. Any  person  found  guilty  of  violating  this  sec- 
tion shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  or  more  than  fifty  dollars,  or  by  imprisonment, 
in  the  county  jail  not  to  exceed  thirty  days,  or  both 
such  fine  and  imprisonment. 

Sec.  2.  All  acts  or  parts  of  acts  in  conflict  here- 
with are  hereby  repealed. 

BONDS  OF   BRIGHTWOOD   SCHOOL  DISTRICT   AUTHOR- 
IZED. 

(Chapter  205  Session  Lazvs  of  ipop.) 

Sec.  1.  (Amendment.)  Section  eighteen  of  a 
bill  for  an  act  to  create  certain  territory  now  within 
the  school  township  of  Brightwood,  Richland  county, 
D.  T.,  as  an  independent  school  district,  to  be  known 
as  Brightwood  Independent  District  Number  One, 
Richland  county,  North  Dakota,  passed  February  16, 
1885,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 


144  GENERAL  SCHOOL  LAWS 

Sec.  18.  MAY  ISSUE  BONDS.— The  board  of 
education  of  said  district  are  authorized  and  empow- 
ered, and  it  shall  be  their  duty,  whenever  the  said 
board  shall  deem  it  necessary  in  order  to  an  efficient 
organization  and  establishment  of  schools  in  said 
district,  and  when  the  taxes  authorized  by  'this  act 
shall  not  be  sufficient,  or  shall  be  deemed  by  the  said 
board  burdensome  upon  the  taxpayers  of  said  district, 
from  time  to  fime  to  issue  bonds  of  said  district,  in 
Brightwood  dis-  the  denominations  of  not  less  than  one  hundred  dol- 
bondsmay  :  e  lars,  payable  in  not  less  than  ten  years  after  date,  and 
bearing  interest  at  the  rate  of  not  to  exceed  eight  per 
cent  per  annum,  payable  annually  on  the  first  day  of 
July,  and  upon  their  face  to  show  they  are  issued  for 
school  purposes,  and  cause  the  same  to  be  sold  and 
negotiated  at  not  less  than  par  value,  and  the  money 
realized  therefrom  deposited  with  the  district  treas- 
urer to  the  credit  of  the  said  board  of  education ;  and 
when  any  bonds  shall  be  so  negotiated  it  shall  be  the 
.duty  of  the  said  board  of  education  of  said  district 
to  provide  by  tax  for  the  payment  of  the  principal  and 
interest  of  said  bonds ;  provided,  however,  that  at  no 
time  shall  the  aggregate  amount  of  bonds  issued  un- 
der the  provisions  of  this  act  exceed  fifty  mills  on  the 
dollar  -of  the  assessed  valuation  of  the  property  of  said 
district. 

MUNICIPAL  REFUNDING  BONDS. 
(Chapter  54,  Lazvs  of  1905.) 

Sec.  2992.  WHAT  CORPORATION  MAY  IS- 
SUE.— Each  incorporated  town  or  village,  school  dis- 
trict or .  township  in  this  state,  that  has  heretofore 
issued,  or  shall  hereafter  issue  bonds,  purporting  to 
have  been  issued  for  any  purpose  authorized  by  law, 
School  districts  which  bonds  have  been  actually  sold  and  delivered  to 
may  refund  purchasers  for  value,  so  that  the  same  constitute  a 
valid  and  existing  indebtedness,  may  at  any  time  after 
maturity  or  before  maturity,  with  the  consent  of  the 
holder,  and  while  said  bonds  are  a  valid  and  existing 
indebtedness  against  such  town  or  village,  school  dis- 
trict or  township,  refund  the  same  and  issue  and  nego- 
tiate new  bonds  for  the  amount  of  such  indebtedness 
or  any  part  thereof. 

Sec.  2993.  AUTHORITY  FOR  ISSUE.— The 
necessity  for  issuing  and  negotiating  bonds  under  the 
provisions  of  this  act  shall  be  determined  as  follows : 


STATE   OF   NORTH   DAKOTA 


145 


School  boards 


In  case  of  incorporated  towns  or  villages,  by  the 

board   Of  trustees.  Necessity    de- 

In  case  of  school  districts,  by  the  board  of  school 
directors. 

In  case  of  townships,  by  the  board  of  supervisors. 

Sec.  2994.  BONDS,  HOW  ISSUED.— When  in 
the  judgment  of  the  board  of  any  of  the  municipal 
corporations  herein  enumerated,  it  shall  be  deemed  to 
be  to  the  best  interests  of  such  municipal  corporations 
to  issue  its  negotiable  bonds  in  the  name  of  such  cor- 
poration for  the  purpose  of  refunding  or  paying  the 
outstanding  bonded  indebtedness  of  such  corporation, 
as  enumerated  in  section  2992,  refunding  bonds  may 
be  issued  by  resolutions  duly  and  legally  passed  at  a 
regular  or  special  meeting  of  such  board.  Such 
bonds  may  be  signed  the  same  as  the  bonds  refunded 
or  by  such  officers  of  the  municipal  corporation  issu- 
ing the  same  as  may  be  designated  in  the  resolutions 
providing  for  their  issuance.  Such  bonds  shall  be 
made  payable  in  not  less  than  five  and  not  more  than 
twenty  years  from  the  date  of  their  issue,  and  shall 
not  draw  a  higher  rate  of  interest  than  the  bonds  re- 
funded. Such  bonds  shall  be  in  such  denominations 
as  shall  be  designated  in  the  resolutions  authorizing 
their  issuance,  shall  bear  the  date  of  their  issue  and 
date  of  maturity  and  shall  recite  on  their  face  that  they 
are  issued  under  and  by  authority  of  this  act,  and  shall 
be  payable  to  the  purchaser  or  bearer,  and  shall  have 
interest  coupons  attached  to  each  bond  representing 
interest  payment. 

Sec.  2995.       BONDS  MAY  BE     EXCHANGED 
OR  SOLD. — Said  bonds  may  be  exchanged  at  par 
for  an  equal  amount  of  the  old  bonds  of  said  munici-    Proceeds  used 
pal  corporation  with  the  holder  of  said  indebtedness, 
or  may  be  sold  by  the  board  at  not  less  than  their  par    issued 
value  and  the  proceeds  applied  solely  to  the  payment 
of  the  indebtedness  for  which  they  are  issued. 

Sec.  2996.      BONDS  TO  BE  REGISTERED  BY 
THE  TREASURER.— A  record  of  each  and  every 
bond  issue  under  this  act  shall  be  kept  by  the  treasurer    Treasurer  to 
of  the  municipal  corporation  issuing  the  same,  show-    keep  register. 
ing  the  number  of  each  bond,  its  date,  amount,  rate 
of  interest,  date  due,  where  payable  and  to  whom  sold. 

Sec.  2997.  TAX  TO  BE  LEVIED.— The  reso- 
lutions authorizing  the  issuance  of  such  bonds  shall 
provide  for  the  levy  and  collection  of  an  annual  tax 


only     for     pur- 
pose   for    which 


—10— 


146 


GENERAL  SCHOOL  LAWS 


sufficient  to  pay  the  interest  and  principal  of  such 
bonds,  as  provided  by  section  184  of  the  constitution, 
Sinking  fund,  and  the  fund  arising  from  such  tax  levy  shall  be  kept 
by  the  treasurer  of  such  corporation  in  a  special  fund 
to  be  used  solely  for  the  payment  of  the  interest  and 
principal  of  such  bonds. 

Sec.  2998.  LIMIT  OF  ISSUE.— No  more  of 
such  bonds  shall  be  issued  than  are  necessary  for  the 
purpose  of  paying  the  outstanding  bonds  of  the  mu- 
issue  limited,  nicipal  corporation  issuing  the  same,  as  stated  in  sec- 
tion 2992,  after  applying  the  cash  in  the  treasury 
available  for  the  payment  of  the  said  maturing  bonds, 
and  no  bonds  issued  under  authority  of  this  act  shall 
be  issued  or  negotiated  for  less  than  their  par  value. 

,Sec.  2999.      BONDS  NEGOTIABLE,  WHEN.— 
Negotiable.          Bonds  issued  in  substantial  conformity  with  the  pro- 
visions of  this  act,  shall  in  the  law  be  deemed  nego- 
tiable. 


EDUCATIONAL 


University 
established   at 
Grand    Forks. 


Governed    by 
board    of    trus- 
tees. 


Wm.  Budge, 
life  member. 


Term. 


Trustees   ap- 
pointed by 
Governor. 


CHAPTER  10 

AND    CHARITABLE   INSTI- 
TUTIONS. 


ARTICLE  1. — UNIVERSITY  OF  NORTH  DAKOTA. 

Sec.  1040.  UNIVERSITY,  WHERE  LOCATED. 
— The  university  of  North  Dakota  as  now  established 
and  located  at  the  city  of  Grand  Forks  shall  continue 
to  be  the  university  of  the  state.  (Sec.  215,  sub.  2.) 

(Sec.  1041.  BOARD  OF  TRUSTEES  TO  GOV- 
ERN.— The  government  of  such  university  shall  be 
vested  in  a  board  of  trustees  consisting  of  five  mem- 
bers, of  which  the  Hon.  William  Budge,  for  and  dur- 
ing his  good  pleasure,  as  an  honorary  member  with 
all  rights  and  powers  of  a  member  of  said  board,  shall 
be  one  of  said  board ;  the  remaining  members  thereof 
to  be  appointed  by  the  governor,  by  and  with  the  ad- 
vice and  consent  of  the  senate,  and  shall  hold  their 
offices  for  the  term  of  four  years  commencing  on  the 
first  Tuesday  in  April  next  succeeding  their  appoint- 
ment. 

Sec.  1042.  GOVERNOR  TO  NOMINATE. 
VACANCIES,  HOW  FILLED.— The  governor 
shall  nominate  and,  by  and  with  the  advice  and  con- 
sent of  the  senate,  appoint  during:  each  regular  session 


STATE   OF   NORTH   DAKOTA 


147 


of  the  legislative  assembly  trustees  of  such  university 
in  the  place  of  those  whose  terms  shall  thereafter  first 
expire,  and  such  trustees  shall  hold  their  office  until 
their  successors  are  appointed  and  qualified ;  provided, 
that  the  governor  shall  fill  any  vacancy  in  such  board 
by  appointment  to  extend  only  until  the  first  Tuesday 
in  April  succeeding  the  next  regular  session  of  the 
legislative  assembly ;  and  provided  further,  that  the 
governor  shall  during  the  next  regular  session  nomin- 
ate and,  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  some  person  to  fill  such  vacancy  for 
the  remainder  of  the  term  unexpi'red.  Not  more  than 
two  members  of  the  board  shall  be  appointed  from  the 
same  county. 

Sec.  1043.  POWERS  AND  DUTIES  OF  BOARD. 
—The  board  of  trustees  shall  possess  all  the  powers 
necessary  to  accomplish  the  objects  and  perform  the 
duties  prescribed  by  law,  and  shall  have  the  custody  of 
the  books,  records,  buildings  and  all  other  property  of 
such  university.  The  board  shall  elect  a  president 
and  a  secretary  who  shall  perform  such  duties  as  may 
be  prescribed  by  the  by-laws  of  the  board.  The  sec- 
retary shall  keep  a  correct  record  of  all  transactions 
of  the  board,  and  the  committees  thereof,  and  in  ad- 
dition to  performing  the  duties  of  secretary,  he  shall 
be  the  superintendent  of  the  buildings  and  grounds  of 
the  university  and  discharge  such  other  duties  as  may 
from  time  to  time  be  prescribed  by  the  board  of  trus- 
tees. (See  Sec.  1046.) 

Sec.  1044.  MEETINGS  OF  THE  BOARD.— 
The  time  for  the  election  of  the  president  and  secre- 
tary of  such  board  and  the  duration  of  their  respective 
terms  of  office,  the  time  for  holding  the  regular  annual 
meeting,  and  such  other  meetings  as  may  be  required, 
and  the  manner  of  giving  notice  of  the  same  shall  be 
determined  by  the  board.  Four  members  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  but  a 
less  number  may  adjourn  from  time  to  time. 

Sec.  1045.  NUMBER  OF  MEETINGS  LIM- 
ITED.— Such  board  shall  not  hold  more  than  twelve 
sessions  in  any  year  and  such  sessions  shall  not  ex- 
ceed twenty- four  days  in  the  aggregate ;  but  the  gov- 
ernor may  in  his  discretion  authorize  additional  ses- 
ions. 

Sec.  1046.  GOVERNMENT  OF  UNIVERSITY. 
POWERS  OF  TRUSTEES.— The  board  of  trustees 


Vacancies — 
how    filled. 


Trusfees     from 
same    county. 


Powers    of 
board. 


Officers   and 
records. 


Secretary  to 
be   superinten- 
dent   of    build- 
ings   and 
grounds. 


Meetings. 


Quorum. 


Limitation  on 
meetings. 


148 


GENERAL  SCHOOL  LAWS 


Instruction  to 
be    non-sectar- 
ian and  non- 
partisan. 


Removal  of  pro- 
fessors. 


Rules   and 
regulations 
for    manage- 
ment of  prop- 
erty. 


shall  adopt  rules  for  the  government  of  the  university 
in  all  its  branches ;  elect  a  president  and  the  requisite 
Trustees  elect     number  of  professors,  instructors,  officers     and  em- 
facuity.  ployes,  fix  the  salaries  and  the  terms  of  office  of  each 

and  determine  the  moral  and  educational  qualifica- 
tions of  applicants  for  admission  to  the  various 
courses  of  instruction;  but  no  instruction,  either  sec- 
tarian in  religion  or  partisan  in  politics  shall  ever  be 
allowed  in  any  department  of  the  university,  and  no 
sectarian  or  partisan  test  shall  ever  be  allowed  or  ex- 
ercised in  the  appointment  of  trustees,  or  in  the  elec- 
tion of  professors,  teachers  or  other  officers  of  the 
university,  or  in  the  admission  of  students  thereto  or 
for  any  purpose  whatever.  Such  board  shall  have 
(power  to  remove  the  president,  or  any  professor,  in- 
structor or  officer  of  the  university  when  in  its  judg- 
ment the  interests  of  the  university  require  it.  The 
board  may  prescribe  rules  and  regulations  for  the 
management  of  the  library,  cabinets,  museum,  labor- 
atories and  all  other  property  of  the  university  and  of 
its  several  departments,  and  for  the  care  and  preser- 
vation thereof,  with  suitable  penalties  and  forfeitures 
by  way  of  damages  for  their  violation,  which  may  be 
sued  for  and  collected  in  the  name  of  the  board  before 
any  court  having  jurisdiction. 

Sec.  1049-  BOARD  MAY  EXPEND  INCOME. 
—The  board  is  authorized  to  expend  such  portion  of 
the  income  of  the  university  fund  as  it  may  deem  ex- 
pedient for  the  erection  of  suitable  buildings  and  the 
purchase  of  apparatus,  a  library,  cabinets  and  addi- 
tions thereto;  and  if  deemed  expedient,  it  may  unite 
with  the  university  as  a  branch  thereof  any  college  in 
the  state,  upon  application  of  its  board  of  trustees; 
and  such  college  so  received  shall  become  a  branch  of 
the  university  and  be  subject  to  visitation  by  the  trus- 
tees. 

Sec.  1048.  BOARD  TO  MAKE  REPORT, 
WHEN. — At  the  close  of  each  fiscal  year  the  trustees 
through  their  president  shall  make  a  report  in  detail 
to  the  governor,  exhibiting  the  progress,  condition  and 
wants  of  each  of  the  colleges  embraced  in  the  univer- 
sity, the  course  of  study  in  each,  the  number  of  pro- 
fessors and  students,  the  amount  of  receipts  and  dis- 
bursements, together  with  the  nature,  cost  and  results 
of  all  important  investigations  and  experiments  and 
such  other  information  as  they  may  deem  important, 


Erection  of 
buildings. 


Purchase    of 
apparatus. 


Unite    with 
other  colleges. 


Board    to    re- 
port   to    gover- 
nor— what   and 
when. 


STATE   OF   NORTH   DAKOTA 


149 


President   of 

university — 
powers. 


Faculties — 
powers. 


one  copy  of  which  shall  be  transmitted   free  by  the 
governor  to  each  college   endowed   under  the  provi- 
sions of  the  act  of  congress  entitled  "An  act  donating    Distribution  of 
land  to  the  several  states  and  territories  which  provide    reports- 
colleges   for  the  benefit  of  agriculture  and  mechanic 
arts,"  approved  July  2,  1862,  and  also  one  copy  to  the 
secretary  of  the  interior.       (See  Sec.  1608.) 

Sec.  1049.  POWERS  OF  THE  PRESIDENT 
AND  FACULTY.— The  president  of  the  university 
shall  be  president  of  the  several  faculties  and  the  exe- 
cutive head  of  the  instructional  force  in  all  its  depart- 
ments;  as  such,  he  shall  have  authority,  subject  to  the 
power  of  the  board  of  trustees  to  give  general  direc- 
tions respecting  the  instruction  and  scientific  investi- 
gation of  the  several  colleges,  and  so  long  as  the  in- 
terests of  the  institution  require  it  he  shall  be  charged 
with  the  duties  of  one  of  the  professorships.  The 
immediate  government  of  the  several  colleges  shall  be 
intrusted  to  their  respective  faculties,  but  the  trustees 
shall  have  the  power  to  regulate  the  course  of  instruc- 
tion and  prescribe  the  books  or  works  to  be  used  in 
the  several  courses,  and  also  confer  such  degrees  and 
grant  such  diplomas  as  are  usual  in  universities,  or  as 
they  shall  deem  appropriate,  and  to  confer  upon  the 
faculty,  by  by-laws  the  power  to  suspend  or  expel  stu- 
dents for  misconduct  or  other  causes  prescribed  in 
such  by-laws. 

Sec.  1050.  OBJECT  AND  DEPARTMENTS 
OF  THE  UNIVERSITY.— The  object  of  the  uni- 
versity shall  be  to  provide  the  means  of  acquiring  a 
thorough  knowledge  of  the  various  branches  of 
learning  connected  with  scientific,  industrial  and  pro- 
fessional pursuits,  in  the  instruction  and  training  of 
persons  in  the  theory  and  art  of  teaching,  and  also  in- 
struction in  the  fundamental  laws  of  this  state  and  of 
the  United  States  in  regard  to  the  rights  and  duties  of 
citizens,  and  to  this  end  it  shall  consist  of  the  follow- 
ing branches  or  departments. 

1.  The  college  or  department  of  arts. 

2.  The  college  or  department  of  letters. 

3.  The    teachers'  college. 

4.  The  school  of  mines,  the  object  of  which  shall 
be  to  furnish  facilities  for  the  education  of  such  per- 
sons as  may  desire  to  receive  instructions  in  chemis- 
try, metallurgy,  mineralogy,  geology,  mining,  milling 
and  engineering. 


Object     of     uni- 
versity. 


Departments: 
Arts. 
Letters. 
Normal. 


Mines. 


150 


GENERAL  SCHOOL  LAWS 


Professional 
Departments. 


Courses    of 
Instruction — 
What   to   em- 
brace. 


5.  The  military  department  or  school,  the  object 
Military.             of  which  shall  be  to  instruct  and  train  students  in  the 

manual  of  arms  and  such  military  maneuvers  and  tac- 
tics as  are  taught  in  military  colleges. 

6.  Such  professional  or  other  colleges  or  depart- 
ments as  now  are  or  may  from  time  to  time  be  added 
thereto,  or  connected  therewith,  and  the  board  of  trus- 
tees is  hereby  authorized  to  establish  such  profession- 
al and  other  colleges  or  departments  as  in  its  judg- 
ment may  be  deemed  necessary  and  proper,  but  no 
money  shall  be  expended  by  the  board  in  establishing 
and  organizing  any  of  the  additional  colleges  or  de- 
partments provided  for  in  this  section,  until  an  appro- 
priation therefor  shall  have  first  been  made. 

Sec.  1051.  COURSES  OF  INSTRUCTION.— 
The  college  or  department  of  arts  shall  embrace 
courses  of  instruction  in  mathematical,  physical  and 
natural  sciences,  with  their  application  to  industrial 
arts  such  as  agriculture,  mechanics,  engineering,  min- 
ing, and  metallurgy,  manufactures,  architecture  and 
commerce  and  such  branches  included  in  the  college 
of  letters  as  shall  be  necessary  properly  to  fit  the  pupils 
in  the  scientific  and  practical  courses  for  their  chosen 
pursuits,  and  in  military  tactics.  In  the  normal  de- 
partment the  proper  instruction  and  learning  in  the 
theory  and  art  of  teaching  and  in  all  the  various 
branches  and  subjects  needful  to  qualify  for  teaching 
in  the  common  schools ;  and  as  soon  as  the  income  of 
the  university  will  allow,  in  such  order  as  the  wants 
of  the  public  shall  seem  to  require,  the  courses  of  sci- 
ences and  their  application  to  the  practical  arts  shall 
be  expanded  into  distinct  colleges  of  the  university, 
each  with  its  own  faculty  and  appropriate  title.  The 
college  of  letters  shall  be  co-existent  with  the  college 
of  arts  and  shall  embrace  a  liberal  course  of  instruc- 
tion in  languages,  literature  and  philosophy,  together 
with  such  courses  or  parts  of  courses  in  the  college  of 
arts  as  the  trustees  shall  prescribe. 

See.  1052.  SCANDINAVIAN  LANGUAGE 
TAUGHT.— It  shall  be  the  duty  of  the  trustees  to 
cause  to  be  taught  at  said  institution  the  Scandinavian 
language,  and  for  that  purpose  shall  employ  as  one  of 
the  teachers  of  such  institution  a  professor  learned  in 
that  language. 

Sec.  1053.  PUPILS,  WHO  MAY  BECOME. 
— The  university  shall  be  open  to  students  of  both 


Scandinavian 
language. 


Open    to    both 
sexes. 


STATE   OF   NORTH   DAKOTA 


151 


Diploma    to   be 
indorsed    by 
state     superin- 
tendent— 
when;    effect 
of  such   in- 
dorsement. 


Revocation. 


sexes  under  such  regulations  and  restrictions  as  the 
board  of  trustees  may  deem  proper,  and  all  able  bodied 
male  students  of  the  university  may  receive  instruc- 
tion and  discipline  in  military  tactics,  the  requisite 
arms  for  which  shall  be  furnished  by  the  state. 

;Sec.  1054.  GRADUATES  ENTITLED  TO 
CERTIFICATES  TO  TEACH.— After  any  person 
has  graduated  at  the  university,  and  after  such  grad- 
uation has  successfully  taught  a  public  school  in  this 
state  for  sixteen  months,  the  superintendent  of  public 
instruction  shall  have  authority  and  it  shall  be  his  duty 
to  countersign  the  diploma  of  such  teacher  if  upon  ex- 
amination he  is  satisfied  that  such  person  has  a  good 
moral  character  and  is  possessed  of  sufficient  learn- 
ing and  ability  to  teach.  Any  person  holding  a  di- 
ploma granted  by  the  board  of  trustees  of  such  uni- 
versity, certifying  that  the  person  holding  the  same 
has  graduated  from  such  university,  shall  after  his 
diploma  has  been  countersigned  by  the  superintendent 
of  public  instruction  as  aforesaid,  be  deemed  qualified 
to  teach  any  of  the  public  schools  in  the  state,  and 
such  diploma  shall  be  a  certificate  of  such  qualifica- 
tion until  annulled  by  the  superintendent  of  public 
instruction. 

Sec.  1055.  TUITION  FEES.— No  student  who 
shall  have  been  a  resident  of  the  state  for  one  year 
next  preceding  his  admission  shall  be  required  to  pay 
any  fees  for  tuition  in  the  university,  except  in  the  law 
department  and  for  extra  studies.  The  trustees  may 
prescribe  rates  of  tuition  for  any  pupil  in  the  law 
department,  or  who  is  not  a  resident  as  aforesaid, 
and  for  teaching  extra  studies. 

Sec.  1056.  COMPENSATION  OF  TRUSTEES. 
— Tne  trustees  shall  be  entitled  to  receive  the  sum  of 
three  dollars  per  day  for  each  day  employed  in  attend- 
ance upon  sessions  of  the  board  and  all  traveling  ex- 
penses necessarily  incurred  thereby.  Upon  the 
presentation  of  the  proper  vouchers  containing  an 
itemized  statement  of  the  number  of  days  attendance 
and  money  actually  expended  as  above  specified,  duly 
verified  by  the  oath  of  the  trustee  and  certified  by  the 
president  and  secretary  of  the  board,  the  state  auditor 
shall  audit  such  claim  and,  draw  his  warrant  upon  the 
state  treasurer  for  the  amount  allowed. 

Sec.  1057.  TRUSTEES  TO  MAKE  RULES 
AND  BY-LAWS.— The  board  of  trustees  shall  make 


Tuition — who 
to   pay  and 
for   what. 


Trustees- 
compensation 
of. 


Trustees   to 
prescribe    rules 
of    government. 


152 


GENERAL  SCHOOL  LAWS 


Normal    stu- 
dents   to    file 
declaration  of 
intention  to 
teach. 


Salaries    of 
teaching  force 
— trustees    to 
fix  and  certify. 


rules,  regulations  and  by-laws  for  the  government 
and  management  of  the  university  and  of  each  de- 
Examinations  partment  thereof.  It  shall  also  prescribe  rules,  regu- 
for  admission.  iatjons  ancj  by-laws  for  the  admission  of  students ;  but 
each  applicant  for  admission  must  undergo  an  exam- 
ination to  be  prescribed  by  the  board,  and  shall  be  re- 
jected if  it  shall  appear  that  he  is  not  of  good  moral 
character.  The  board  shall  also  require  each  appli- 
cant for  admission  in  the  normal  department,  other 
than  such  as  shall,  prior  to  admission,  sign  and  file 
with  such  board  a  declaration  of  intention  to  follow 
the  business  of  teaching  in  the  common  schools  of  this 
state  for  at  least  one  year,  to  pay  such  fees  for  tuition 
as  the  board  may  deem  proper  and  reasonable. 

'Sec.  1058.  SALARIES.— The  board  of  trustees 
shall  from  time  to  time  fix  the  salary  of  the  president, 
professors  and  teachers  of  such  university,  and  shall 
certify  the  same  to  the  state  auditor.  Such  board 
shall  also  from  time  to  time  certify  to  the  state  aud- 
itor the  amount  due  such  persons  for  salary,  and  the 
state  auditor  shall  draw  his  warrants  upon  the  state 
treasurer  for  the  amounts  so  certified. 

Sec.  1059.  SECRETARY  OF  STATE  TO  FUR- 
NISH LAWS.— The  secretary  of  state  shall  deliver 
to  the  university  fifty  copies  of  each  volume  of  the 
general  and  special  laws  of  the  state,  and  the  reports 
of  the  decisions  of  the  supreme  court,  hereafter  pub- 
lished, for  use  in  the  way  of  exchanges  and  otherwise 
in  the  establishment  and  maintenance  of  a  law  library 
for  the  law  department  of  such  university. 

Sec.  1060.  SUPREME  COURT  'REPORTS, 
HOW  OBTAINED.— He  shall  procure  for  the  pur- 
pose aforesaid  from  the  publishers  of  the  supreme 
court  reports  fifty  copies  of  each  volume  thereof 
hereafter  published,  in  addition  to  the  number  author- 
ized for  other  purposes,  to  be  paid  for  at  the  same 
price  and  in  the  same  manner  as  such  reports  are  de- 
livered to  the  secretary  for  other  purposes. 

Sec.  1061.  LOAN  OF  MUSKETS  AUTHOR- 
IZED.— The  adjutant  general  or  whoever  may  be  in 
charge  of  the  state  arms  shall,  under  the  direction  of 
the  governor,  loan1  to  the  board  of  trustees  of  such 
university  one  hundred  muskets  and  accoutrements  or 
as  many  as  can  be  spared,  not  exceeding  that  number, 
the  same  to  be  used  for  drill  purposes,  by  the  students 
of  such  university. 


Official  publi- 
cations to  be 
furnished. 


Reports    of 
supreme     court. 


Loan    of    mus- 
kets ,    etc. 


STATE  OF   NORTH   DAKOTA 


153 


Same   to   be  re- 
turned when 
needed    by    the 
state. 


Geological  and 
natural  history 
survey. 


Extent  of 
such  survey. 


Analysis  of 
minerals. 


'Sec.  1062.  MUSKETS,  WHEN  RETURNED. 
—In  case  such  arms  and  accoutrements  are  needed 
by  the  state  at  any  time,  the  governor  or  adjutant 
general  under  his  instruction  may  call  in  the  same  and 
the  trustees  of  such  university  shall  immediately  turn 
the  same  over  to  such  officer  in  good  condition.' 

Sec.  1063.  GEOLOGICAL  SURVEY.  DUTY 
OF  TRUSTEES.— It  shall  be  the  duty  of  the  board 
of  trustees  of  the  university  to  cause  to  be  begun  as 
soon  as  may  be  practicable,  and  to  carry  on  a  thorough 
geological  and  natural  history  survey  of  the  state. 

Sec.  1064.  EXTENT  OF  THE  SURVEY.— The 
geological  survey  shall  be  carried  on  with  a  view  to  a 
complete  account  of  the  mineral  kingdom,  as  repre- 
sented in  the  state,  including  the  number,  order,  dip 
and  magnitude  of  the  several  geological  strata,  their 
richness  in  ores,  coals,  clays,  peats,  salines  and  min- 
eral waters,  marls,  cements,  building  stones  and  other 
useful  materials,  the  value  of  said  subs»ances  for 
economical  purposes  and  their  accessibility ;  also  an 
accurate  chemical  analysis  of  the  various  rocks,  soils, 
ores,  clays,  peats,  marls  and  other  mineral  substances 
of  which  a  complete  and  exact  record  snail  be  made. 

Sec.  1065.  METEOROLOGICAL  STATISTICS 
TABULATED.— The  board  of  trustees  shall  also 
cause  to  be  collected  and  tabulated  such  meteorologi- 
cal statistics  as  may  be  needed  to  account  for  the  va- 
rieties of  climate  in  the  various  parts  of  the  state ;  also 
to  cause  to  be  ascertained  by  barometrical  observations 
or  other  appropriate  means,  the  relative  elevations  and 
depressions  of  the  different  parts  of  the  state ;  and 
also  on  or  before  the  completing  of  such  surveys  to 
cause  to  be  compiled  from  such  actual  surveys  and 
measurements  as  may  be  necessary  an  accurate  map 
of  the  state ;  which  map  when  approved  by  the  gover- 
nor shall  be  the  official  map  of  the  state. 

Sec.  1066.  SPECIMENS  COLLECTED.— It 
shall  be  the  duty  of  said  board  to  cause  proper  speci- 
ments,  skilfully  prepared,  secured  and  labeled  of  all 
rocks,  soils,  ores,  coals,  fossils,  cements,  building 
stones,  plants,  woods,  skins  and  skeletons  of  animals, 
birds,  insects  and  fishes,  and  other  mineral,  vegetable 
and  animal  substances  and  organisms  discovered  or 
examined  in  the  course  of  said  surveys,  to  be  pre- 
served for  public  inspection  free  of  cost,  in  the  uni- 
versity of  North  Dakota,  m  rooms  convenient  of  ac- 


Weather    re- 
ports. 


Official  map. 


Museum   to  be 
maintained. 


154 


GENERAL  SCHOOL  LAWS 


Geological    map. 


Annual    report 
as    to    surveys. 


cess  and  properly  warmed,  lighted,  ventilated  and  fur- 
nished, and  in  the  charge  of  a  proper  scientific  cura- 
tor; and  they  shall,  also,  whenever  the  same  may  be 
practicable,  cause  duplicates  in  reasonable  numbers 
and  quantities  of  the  above  named  specimens,  to  be 
collected  and  preserved  for  the  purpose  of  exchange 
with  other  state  universities  and  scientific  institutions, 
of  which  latter  the  Smithsonian  institution  at  Wash- 
ington shall  have  the  preference. 

Sec.  1067.  '  MAP  OF  THE  STATE.— The  board 
shall  cause  a  geological  map  of  the  state  to  be  made 
as  soon  as  may  be  practicable,  upon  which  by  colors 
and  other  appropriate  means  and  devices  the  various 
geological  formations  shall  be  represented. 

Sec.  1068.  ANNUAL  REPORT  OF  TRUS- 
TEES.—It  shall  be  the  duty  of  the  board,  through 
its  president,  to  make  on  or  before  the  second  Tues- 
day in  December  of  each  year,  a  report  showing  the 
progress  of  said  surveys,  accompanied  by  such  maps, 
drawings  and  specifications  as  may  be  necessary  and 
proper  to  exemplify  the  same  to  the  governor,  who 
shall  lay  the  same  before  the  legislative  assembly,  and 
the  'board  upon  the  completion  of  any  separate  portion 
of  any  of  the  said  surveys  shall  cause  to  be  prepared 
a  memoir  or  final  report  which  shall  embody  in  a  con- 
venient manner  all  useful  and  important  information 
accumulated  in  the  course  of  the  investigation  of  the 
particular  department  or  portion ;  which  report  or  me- 
moir shall  likewise  be  communicated  through  the  gov- 
ernor to  the  legislative  assembly. 

Sec.  1069.  STATE  GEOLOGIST.— The  profes- 
sor of  geology  in  the  university  shall  be  ex-officio 
state  geologist. 

Sec.  1070.  APPROPRIATION  FOR  EXPENS^ 
ES.  GEOLOGICAL  SURVEY.— There  is  hereby 
appropriated  out  of  any  funds  in  the  state  treasury, 
not  otherwise  appropriated,  the  sum  of  one  thousand 
dollars  annually,  to  meet  the  necessary  expenses  con- 
nected with  the  geological  survey  of  the  state,  as  pro- 
vided for  in  sections  1063  and  1064. 

Sec.  1071.  ANNUAL  APPROPRIATION  FOR 
MAINTENANCE.— For  the  year  1899  and  for  each 
year  thereafter  there  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury,  not  otherwise  ap- 
propriated, the  sum  of  two-fifths  of  a  mill  upon  the 


Governor's 
duty   with    ref- 
erence  thereto. 


State     geologist 
— who. 


Geological     sur- 
vey— appro- 
priation for. 


Maintenance   — 
appropriation — 
state  univer- 
sity. 


STATE   OF   NORTH   DAKOTA  155 

dollar  of  the  assessed  valuation  of  the  property  as- 
sessment of  the  state  of  North  Dakota,  as  fixed  by  the 
state  board  of  equalization  for  the  preceding  year,  the 
same  to  be  paid  monthly  to  the  board  of  trustees  of 
the  university  of  North  Dakota  upon  the  voucher  of 
said  board,  signed  by  its  president. 

LEASING  PORTION  OF  CAMPUS. 
(Chapter  107  Session  Laivs  of  /pop.) 

Sec.  1.  POWER  TO  LEASE  GRANTED.— 
The  board  of  trustees  or  directors  of  the  state  uni- 
versity and  school  of  mines,  the  state  agricultural  col- 
lege, the  state  industrial  school,  the  North  Dakota 
academy  of  science,  the  state  school  of  forestry  and 
the  various  state  normal  schools  and  such  other  state 
institutions  of  learning  of  the  state  of  North  Dakota 
as  may  hereafter  be  established,  shall  have  power  to 
grant  leases  of  land  of  portions  of  the  campuses  of 
said  institutions  to  student  and  graduate  student  or- 
ganizations for  the  purpose  of  erecting  and  maintain- 
ing thereon  student  clubhouses  or  dormitories;  pro- 
vided, that  said  organizations  shall  first  have  incor- 
porated under  the  laws  of  the  state  of  North  Dakota 
and  shall  have  submitted  to  the  board  of  trustees  or 
directors  plans  and  specifications  of  the  building  pro- 
posed to  be  erected  thereon ;  and,  provided,  further, 
that  in  relation  to  the  conduct  and  behavior  of  said 
organizations  and  their  members  in  and  about  said 
premises  and  the  use  to  be  made  of  such  buildings  and 
premises  said  organizations  and  their  members  shall, 
in  each  instance,  be  subject  to  the  management  and 
control  of  the  board  of  trustees  or  directors,  and  the 
faculty  of  the  institution  upon  whose  lands  said  lease 
is  granted.  Such  premises  and  improvements  there- 
on shall  at  all  times  remain  under  the  absolute  and  ex- 
clusive control  of  the  state,  and  the  state  or  the  board 
of  trustees  or  directors  of  the  institution  upon  whose 
lands  such  lease  shall  be  granted  may  at  any  time  re- 
voke the  same,  and  any  such  lease  as  may  have  been 
granted  by  any  such  board  to  any  such  organization 
for  such  purpose  prior  to  the  passage  of  this  act  is 
hereby  legalized  and  must  be  considered  as  binding  on 
the  parties  thereto,  in  so  far  as  the  same  shall  be  in 
accordance  with  the  provisions  of  this  act  and  the 
constitution  of  this  state. 


156 


GENERAL  SCHOOL  LAWS 


Normal 
schools — 
where    located. 


How   main- 
tained. 


ARTICLE  2. — NORMAL  SCHOOLS. 

Sec.  1074.  NORMAL  SCHOOLS  LOCATED. 
— The  normal  school  as  established  and  located  at  the 
city  of  Mayville  in  the  county  of  Traill,  and  the  nor- 
mal school  as  established  and  located  at  the  city  of 
Valley  City  in  the  county  of  Barnes,  shall  continue  to 
be  the  normal  schools  of  the  state.  (3ce  Const.  Sec. 
215,  sub.  4  and  7.) 

Sec.  1075.  ENDOWMENT  AND  MAINTEN- 
ANCE.— All  proceeds  accumulating  in  the  interest 
and  income  fund  arising  from  the  sale  or  rental  of  the 
lands  granted  or  hereafter  to  be  granted  by  the  state 
of  North  Dakota  for  such  normal  schools,  are  hereby 
pledged  for  the  establishment  and  maintenance  of 
such  schools. 

Sec.  1076.  MANAGEMENT  OF.— The  govern- 
ment and  management  of  such  schools  are  vested  in  a 
board  of  trustees  to  be  known  as  the  board  of  trus- 
tees of  the  state  normal  schools,  and  in  a  board  of 
management  for  each  school  to  be  known  as  the  board 
of  management  of  the  normal  school  at  Mayville,  and 
the  board  of  management  of  the  normal  school  at  Val- 
ley City  respectively. 

Sec.  1077.  BOARDS,  HOW  CONSTITUTED. 
— The  board  of  management  for  each  normal  school 
shall  consist  of  five  members.  The  board  of  trus- 
tees of  such  normal  school  shall  consist  of  twelve 
members,  ten  of  whom  shall  be  members  of  the  re- 
spective boards  of  management  as  herein  provided. 
The  governor  and  superintendent  of  public  instruction 
shall  be  ex-officio  members  of  such  board  of  trustees 
and  the  superintendent  of  public  instruction  shall  act 
as  president  of  such  board. 

1078.  TERMS  OF  TRUSTEES.— The  governor 
shall  by  and  with  the  advice  and  consent  of  the  senate 
appoint  during  each  biennial  session  of  the  legislative 
assembly,  five  members  of  such  board  of  trustees  who 
shall  hold  their  office  for  four  years  commencing  on 
the  second  Tuesday  in  April  following  sucn  appoint- 
ment. The  governor  shall  fill  all  vacancies  therein  by 
appointment  for  unexpired  terms.  At  the  first  meeting 
of  the  board  of  management  of  each  normal  school 
the  members  thereof  shall  take  and  subscribe  the  oath 
of  office  required  of  all  civil  officers  and  shall  proceed 
to  elect  a  president  (of  the  board)  who  shall  reside  in 


To   be   man- 
aged  by  trus- 
tees. 


Boards — of 
how  many 
composed. 


Ex-officio 
members. 


Trustees    ap- 
pointed   by 
fo vernor ,     for 
our    years. 


Qualifications. 


STATE   OF  NORTH   DAKOTA 


157 


the  vicinity  of  such  normal  school,  and  the  president 

of  the  school  shall  be  the  secretary  of  the  board,  but 

shall  have  no  vote.       In  the  absence  of  the  secretary 

the  board  may  select  one  of  its  members  to  act  as  sec-    Sf^J^3tion 

retary.       The  majority  of  the  members  of  the  board 

of  management   shall   constitute  a   quorum   for      the 

transaction     of  business.       (See  Appendix  D. — Note 


Sec.  1079.  COMMISSIONS.  SECRETARY.— 
The  governor  shall  cause  to  be  issued  to  each  of  the 
members  of  the  board  of  trustees  a  commission  under 
the  great  seal  of  the  state,  and  such  commission  shall 
designate  the  board  of  management  upon  which  such 
members  shall  serve.  At  the  first  meeting  of  the  board 
the  members  thereof  shall  proceed  to  select  and  appoint 
a  secretary  of  the  board.  A  majority  of  the  members  of 
the  board  of  trustees  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Sec.  1080.  MEETINGS.  COMPENSATION. 
—The  board  of  trustees  shall  meet  at  Valley  City  and 
at  Mayville  or  at  the  seat  of  government  at  such  time 
each  year  as  may  be  decided  upon  by  the  board.  The 
members  of  the  board  shall  receive  the  sum  of  three 
dollars  per  day  for  each  day  employed  in  attendance 
upon  sessions  of  the  board  of  trustees,  or  the  board  of 
management,  and  their  actual  and  necessary  expenses 
in  attending  meetings  of  the  respective  boards,  or  in 
other  duties  connected  therewith,  which  expenses  shall 
be  paid  out  of  the  state  treasury  upon  the  vouchers 
of  the  respective  boards  in  the  manner  provided  by 
law.  The  board  of  trustees  shall  not  be  in  session 
for  exceeding  eight  days  in  any  one  year  nor  either 
board  of  management  to  exceed  twelve  days  during 
each  year.  The  secretary  of  the  board  of  trustees 
shall  receive  such  salary  as  shall  be  determined  by  the 
board  not  exceeding  one  hundred  dollars  a  year  and 
his  actual  expenses  incurred  in  attending  meetings  of 
the  board,  which  shall  be  paid  as  herein  provided  for 
members  of  the  board  of  trustees. 

Sec.  1081.  TREASURER  TO  KEEP  FUNDS. 
— All  moneys  arising  from  the  interest  and  income 
derived  from  the  rental  and  sale  of  the  lands  appro- 
priated to  such  schools,  and  all  moneys  that  may 
hereafter  be  appropriated  by  the  state,  including  ail 
moneys  raised  in  any  other  manner  for  either  of  such 
schools,  shall  be  deposited  with  the  state  treasurer, 


Commissions 


Secretary   of 
board. 


Meetings — 
when    and 
where. 


Compensation. 


Maximum    time. 


Salary    of 
secretary. 


State    treasurer 
to   keep   funds. 


158 


GENERAL  SCHOOL  LAWS 


Object    to 
prepare   teach- 
ers. 


Course   of 
study. 


to  be  by  him  kept  in  two  separate  funds,  to  be  known 
Funds  kept  as  the  fund  of  the  state  normal  school  at  Mayville  and 
the  fund  of  the  state  normal  school  at  Valley  City, 
respectively,  and  such  funds  shall  be  used  exclusively 
for  the  benefit  of  such  schools. 

Sec.  1082.  OBJECTS  OF  NORMAL  SCHOOLS. 
—The  objects  of  such  normal  schools  shall  be  to  pre- 
pare teachers  in  the  science  of  education  and  the  art 
of  teaching  in  the  public  schools.  The  board  of  trus- 
tees, with  the  assistance  of  the  respective  faculties, 
shall  adopt  the  full  course  of  study  prescribed  for  that 
purpose,  which  shall  embrace  the  academic  and  pro- 
fessional studies  usually  taught  in  normal  schools; 
provided,  that  such  academic  and  professional  studies 
shall  not  extend  more  than  two  years  beyond  the 
course  of  study  prescribed  in  a  high  school  of  the  first 
class.  Such  schools  shall  in  all  things  be  free  from 
sectarian  control. 

Sec.  1083.  DUTIES  OF  BOARD  AS  TO  AP- 
PROPRIATIONS.—The  board  of  management  of 
each  normal  school  shall  direct  the  disposition  of  all 
moneys  appropriated  by  the  legislative  assembly  for 
current  expenses  of  such  school,  and  shall  have  super- 
vision and  charge  of  the  construction  of  all  buildings 
authorized  by  law  for  such  school,  and  shall  direct  the 
disposition  of  all  moneys  appropriated  therefor  or 
accumulating  therefor  as  provided  in  this  article. 
They  shall  have  power  to  appoint  one  of  their  mem- 
bers superintendent  of  construction  of  all  buildings, 
who  shall  receive  three  dollars  per  day  for  each  day 
actually  and  necessarily  engaged  in  the  discharge  of 
his  duties  not  to  exceed  fifty  days  in  any  one  year, 
which  sum  shall  be  paid  out  of  the  state  treasury  as 
herein  provided ;  but  all  expenditures  incurred  under 
the  direction  of  either  of  the  boards  aforesaid  shall 
be  audited  and  allowed  by  such  board  of  management 
and  the  expenditures  incurred  under  the  direction  of 
the  board  of  trustees  aforesaid  shall  be  audited  and 
allowed  by  such  board. 

Sec.  1084.  SALARIES  OF  EMPLOYES.  RE- 
PORTS.— The  board  of  management  of  each  normal 
school  shall  have  the  care  of  the  buildings  belonging 
to  such  school.  It  shall  have  the  power  to  fix  the 
salaries  of  employes,  except  members  of  the  faculty, 
and  to  prescribe  their  respective  duties,  and  to  remove 
any  of  such  employes  at  any  time.  It  shall  at  such 


Duties    of 
board   as    to 
funds. 


Superinten- 
dent of  con- 
struction. 


Audit    of   ex- 
penses. 


Board    of    man- 
agement  to   fix 
salaries   of 
employes. 


STATE  OF  NORTH   DAKOTA 


159 


times  as  may  be  determined  upon  propose  to  the  board 
of  trustees  the  names  of  persons  as  president  of  the 
school,  teachers  and  instructors,  with  the  recommen- 
dation that  such  persons  be  employed  by  such  board 
of  trustees  as  the  faculty  of  such  school.  It  shall  on 
or  before  the  third  Monday  in  November  of  each  year 
make  an  annual  report  to  the  board  of  trustees,  show- 
ing a  statement  of  all  expenditures  of  funds  under  its 
direction,  the  erection  and  care  of  buildings,  the  con- 
dition of  schools,  and  containing  such  recommenda- 
tions as  they  may  think  proper. 

Sec.  1085.  SALARIES  OF  PRESIDENT  AND 
TEACHERS.— The  board  of  trustees  shall  fix  the 
salaries  of  the  president  of  the  school,  teachers  and 
instructors,  and  shall  employ  the  persons  therefor  that 
have  been  recommended  by  the  respective  boards  of 
management,  unless  in  the  opinion  of  the  board  of 
trustees  a  reasonable  ground  exists  for  refusing  to 
employ  such  persons.  The  board  of  trustees  shall 
prescribe  the  time  and  length  of  the  various  terms  of 
such  school. 

Sec.  1086.  THE  FACULTY,  DUTIES  OF.— 
The  faculty  shall  consist  of  the  president  of  the  school, 
teachers  and  instructors  employed  for  each  school  as 
herein  provided.  The  faculty  shall  pass  all  needful 
rules  and  regulations  for  the  government  of  disci- 
pline of  the  school,  regulating  the  routine  and  labor 
and  study,  and  the  duty  and  exercises  and  such  other 
rules  and  regulations  as  are  necessary  for  the  preser- 
vation of  morals,  decorum  and  health.  They  shall 
carry  out  the  course  of  study  adopted  by  the  board  of 
trustees  and  shall  arrange  for  the  classification  of  all 
pupils  in  conformity  therewith. 

Sec.  1087.  DUTY  OF  PRESIDENT.— The 
president  of  the  school  shall  be  the  chief  executive  of- 
ficer of  the  school  and  it  shall  be  his  duty  to  see  that 
all  the  rules  and  regulations  are  executed.  The  in- 
structors and  employes  shall  be  under  his  direction 
and  supervision.  It  shall  also  be  the  duty  of  the 
president  of  each  school  to  request  the  secretary  of 
state  to  furnish  each  school  ten  copies  of  the  revised 
codes  of  1905,  and  ten  copies  of  the  session  laws  and 
supreme  court  reports  hereafter  published  for  library 
and  exchange  purposes,  and  thereupon  the  secretary 
of  state  shall  furnish  the  same. 


Propose 
names    of 
teachers. 


Report    to 
trustees. 


Salaries   of   in- 
structors 
fixed  by  trus- 
tees. 


Length    of 
school    term — 
how    deter- 
mined. 


The    faculty- 
its    powers    and 
duties. 


Principal   is 
executive    offi- 
cer. 
Duty. 


160 


GENERAL  SCHOOL  LAWS 


Faculty    to 
report   to 
trustees    an- 
nually. 


Trustees   to 
report   to 
governor. 


Sec.  1088.  ANNUAL  REPORT  OF  FACUL- 
TY.— -The  faculty  shall,  on  or  before  the  third  Mon- 
day in  October  in  each  year  make  an  annual  report  to 
the  board  of  trustees  showing  the  general  condition 
of  the  school  and  containing  such  recommendations 
as  the  welfare  of  the  institution  demands. 

Sec.  1089.  BIENNIAL  REPORTS  TO  GOV- 
ERNOR.— The  board  of  trustees  shall  make  a  report 
to  the  governor  on  or  before  the  fifteenth  day  of  No- 
vember next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  the  several  reports  of 
the  boards  of  management  and  faculties  herein  pro- 
vided for,  showing  the  condition  of  the  funds  appro- 
priated for  the  school,  the  money  expended  and  the 
purpose  for  which  the  same  was  expended,  in  detail 
and  showing  the  condition  of  the  normal  schools 
generally. 

Sec.  1090.  DIPLOMAS.— The  board  of  trustees 
and  the  respective  faculties  of  each  school  shall  have 
power  to  issue  diplomas  to  all  persons  who  shall  have 
completed  the  courses  of  study  prescribed  for  the 
normal  schools  as  herein  provided,  and  who  shall  have 
passed  a  satisfactory  examination  under  the  direction 
of  the  board  of  trustees,  upon  the  branches  contained 
in  such  courses  and  who  shall  be  known  to  possess  a 
good  moral  character,  which  diploma  shall  set  forth 
the  above  mentioned  facts  and  shall  be  designated  as 
the  state  normal  school  diplomas. 

Sec.  1091.  STATE  PROFESSIONAL  CERTI- 
FICATE.— Any  person  who  is  the  holder  of  such  a 
diploma  and  who  can  furnish  satisfactory  evidence  to 
the  superintendent  of  public  instruction  that  he  has 
had  three  years'  successful  experience  as  a  teacher, 
shall  be  granted  by  the  superintendent  of  public  in- 
struction a  state  professional  certificate,  valid  for  life 
as  provided  by  law,  and  any  such  person  who  can  fur- 
nish satisfactory  evidence  of  one  year's  successful  ex- 
perience as  a  teacher  shall  be  granted  such  certificate, 
valid  for  five  years,  as  provided  by  law.  The  fees 
for  such  certificate  shall  be  as  provided  by  law. 

ARTICLE  3. — NORTH  DAKOTA  ACADEMY  OF  SCIENCE. 


Diplomas — 
who    entitled 
to. 


State  profes- 
sional certifi- 
cate. 


Five-year    cer- 
tificate. 


Academy    of 
science — 
object. 


Sec.  1092.  OBJECT  OF  ACADEMY  OF  SCI- 
ENCE.— The  North  Dakota  academy  of  science  here- 
tofore established  at  Wahpeton  is  hereby  continued  as 
such.  The  object  of  such  academy  shall  be  to  fur- 


STATE   OF   NORTH   DAKOTA 


161 


rush  instruction  in  the  pure  and  applied  sciences, 
mathematics,  languages,  political  science,  and  history 
as  is  usually  given  in  schools  of  technology  below  the 
junior  year,  the  chief  object  being  the  training  of 
skilled  workmen  in  the  most  practical  phases  of  ap- 
"plied  science.  A  general  science  course  may  also  be 
offered,  consisting  of  three  years'  work  above  the  high 
school  course.  Upon  completion  of  either  of  the 
above  courses  the  board  of  trustees  may  grant  appro- 
priate certificates  of  the  work  accomplished.  ' 

Sec.   1093.       HOW  GOVERNED.— Such     school 
shall  be  under  the  direction  and  management  of     a    Governed  by 
board  of  trustees  and  shall  be  erected,  governed  and 
maintained  as  hereinafter  provided. 

Sec.  1094.       BOARD,  HOW     CONSTITUTED 
— Such  board  of  trustees  shall  consist  of  five  mem- 
•bers  who  shall  be  appointed  by  the  governor,  by  and    Appointment 
with  the  consent  of  the  senate,  and  shall  hold  their    of  trustees, 
office  for  a  term  of  four  years ;  provided,  that  immed- 
iately upon  the  taking  effect  of  this  act  the  governor 
shall  appoint  three  members  of  this  board  who  shall 
hold  office  for  four  years  and  two  members  who  shall 
hold  office  for  two  years,  each  member  of  said  board 
to   hold   office   until   his   successor   is    appointed   and    Meetinss- 
qualified;  and  the  governor  may  fill  vacancies  as  in 
other  cases.       The  members  of  such  board  shall  meet 
at  Wahpeton  annually  on  the  first  Tuesday  in    April 
and  shall  from  among  their  number  elect  a  president 
and  secretary,  and  said  board  may  provide  for  such 

,,  ..  ,  Officers  of 

other  meetings  at  such  times  and  places  as  may  be    board, 
deemed  expedient;  provided,  that  the  governor  may 
designate  the  time  of  holding  the  first  meeting  of  said 
board. 

Sec.  1095.      POWERS  OF  BOARD.— Such  board 
shall   have   power  to   buy   or  procure   the   necessary    Powers 
ground  and  to  erect  and  equip  the  necessary  buildings 
for  said  school,  to  appoint  a  principal  and  assistants 
to  take  charge  of  such  school  and  such  other  teachers 
and  officers  as  may  be  required  and  fix  the  salaries  of    Qver  £n 
each  and  prescribe  their  several  duties.       It  shall  also    structors. 
have  power  to  remove,  either  principal,  assistant  or 
teacher  and  appoint  others  in  their  stead.      The  board 
shall  prescribe  the  various  books  to  be  used  in  such 
school  and  shall  make  all  the  regulations  and  by-laws 
necessary  for  good  government  and  maintenance  of 
the  same  and  shall  have  power  to  procure  all  necessary    £tions,r<e?c. 


162 


GENERAL   SCHOOL  LAWS 


Admission   of 
pupils. 


Compensation 
of  trustees. 


Instructors — 
from  what 
fund    paid. 


State  treasur- 
er  custodian   of 
all    funds. 


apparatus,  instruments  and  appurtenances  for  instruc- 
tion in  said  school. 

Sec.  1096.  RULES  AND  REGULATIONS.— 
The  board  shall  prescribe  such  rules  and  regulations 
for  the  admission  of  pupils  to  said  school  as  it  shall 
deem  necessary  and  proper  and  may  in  its  discretion 
require  applicants  for  admission  into  such  school  to 
pay  such  fees  or  tuition  as  the  board  may  deem  reason- 
able. 

Sec.  1097.  COMPENSATION.— All  necessary 
expenses  incurred  by  members  of  the  board  of  trustees 
and  the  sum  of  three  dollars  per  diem  for  the  time 
actually  and  necessarily  employed  in  the  discharge  of 
the  duties  of  their  office  shall  be  paid  on  the  proper 
voucher  out  of  the  general  funds  of  the  state.  The 
principal,  assistants,  teachers  and  other  officers  and 
employes  in  such  school  shall  be  paid  out  of  the  fund 
of  the  North  Dakota  Academy  of  Science. 

Sec.  1098.  !  DUTIES  OF  STATE  TREASUR- 
ER.— The  state  treasurer  shall  be  the  custodian  of  all 
funds  belonging  to  such  school,  from  whatever  source 
received,  and  the  same  shall  be  deposited  with  him 
and  by  him  kept  in  a  separate  fund  which  shall  be 
known  as  the  North  Dakota  academy  of  science  fund, 
and  shall  be  used  exclusively  for  the  benefit  of  such 
academy ;  provided,  however,  that  any  sum  or  sums 
received  by  such  board  of  trustees  for  tuition  or  fees, 
for  scholarships  in  such  school,  may  be  kept  and  dis- 
bursed by  the  secretary  of  such  board  upon  the  order 
of  the  president  thereof,  for  correct  (current)  ex- 
penses of  such  school. 

Sec.  1099.  MAJORITY  SHALL  CONSTITUTE 
QUORUM. — A  majority  of  the  members  of  the  board 
of  trustees  shall  constitute  a  quorum,  but  a  less  num- 
ber may  adjourn  from  time  to  time.  All  proceedings 
of  the  board  shall  be  recorded  in  a  book  kept  for  that 
purpose,  which  shall  be  open  to  inspection  to  any  per- 
son on  request ;  and  the  secretary  shall  keep  a  strict 
account  of  all  moneys  received  by  him  in  such  manner 
as  may  be  prescribed  by  the  board,  and  such  accounts 
shall  at  all  times  be  open  to  inspection  by  said  board 
or  any  member  thereof. 

ARTICLE  4. — AGRICULTURAL  COLLEGE.' 

Agricultural  Sec.  1100.       LOCATION  OF.— The     agricultural 

tioneSoefTloca       college  shall  continue  as  now  established  and  located 


Tuition  fees, 
how   used. 


Majority  of 
board   a 
quorum. 


Records   open 
for  inspection. 


STATE   OF   NORTH    DAKOTA 


163 


Trustees    to 
manage. 


Trustees — 
number   and 
appointment    of. 


at  Fargo  in  the  county  of  Cass.       (See  Const.  Sec. 
215,  Sub.  3.) 

Sec.  1101.  MANAGEMENT  OF.— The  govern- 
ment and  management  of  such  college  is  vested  in  a 
board  of  trustees  to  be  known  as  the  board  of  trustees 
of  the  agricultural  college. 

Sec.  1102.  BOARD  OF  TRUSTEES,  HOW 
APPOINTED.  VACANCIES.— The  board  of  trus- 
tees shall  consist  of  seven  members,  to  be  appointed 
as  follows :  During  each  biennial  session  of  the  leg- 
islative assembly  there  shall  t>e  nominated  by  the  gov- 
ernor and,  by  and  with  the  advice  and  consent  of  the 
senate,  appointed  for  the  term  of  four  years,  trustees 
to  fill  vacancies  occurring  by  the  expiration  of  the 
term  of  office  of  those  previously  appointed.  The 
governor  shall  have  power  to  fill  all  vacancies  in  such 
board  which  occur  when  the  legislative  assembly  is  not 
in  session  and  the  members  of  such  board  shall  hold 
their  office  until  their  successors  are  appointed  and 
qualified  as  provided  in  this  article.  Persons  ap- 
pointed to  fill  vacancies  shall  hold  office  only  until  the 
first  Tuesday  in  April  succeeding  the  next  session  of 
the  legislative  assembly. 

Sec.  1103.  COMMISSION.  OATH.  ORGANI- 
ZATION.— The  governor  shall  cause  to  be  issued  to 
each  trustee  so  appointed  a  commission  under  the 
great  seal  of  the  state.  At  the  first  meeting  of  such 
board  the  members  thereof  shall  take  and  subscribe 
the  oath  of  office  required  of  other  civil  officers  and 
shall  then  proceed  to  elect  a  president,  secretary  and 
treasurer,  but  the  treasurer  shall  not  be  a  member  of 
the  board.  A  majority  of  the  members  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. The  board  shall  require  a  bond  of  its  treasurer 
in  such  an  amount  and  with  such  sureties  as  it  may 
deem  proper.  (Sec  Appendix  D — Note  32.} 

Sec.  1104.  MEETINGS,  WHERE  HELD.  COM- 
PENSATION OF  TRUSTEES.— The  board  shall 
hold  its  meetings  at  the  city  of  Fargo  at  such  times  as 
it  may  designate,  but  there  shall  not  be  to  exceed  six 
regular  meetings  each  year ;  provided,  that  the  presi- 
dent of  the  board  shall  have  power  to  call  special 
meetings  whenever  in  his  judgment  it  becomes  neces- 
sary. The  members  of  the  board  shall  receive  as 
compensation  for  their  services  the  sum  of  three  dol- 
lars per  day  for  each  day  employed  and  five  cents  per 


Vacancies. 


Commission 
under  great 
seal. 


How  shall 
qualify. 


Organization 
and  quorum. 


Meetings — 
When, 
where — how 
many. 


164 


GENERAL  SCHOOL  LAWS 


Duty  of  board 
as  to   funds. 


Employ   in- 
structors. 


mile  for  each  mile  actually  and  necessarily  traveled  in 
Compensation,  attending  the  meetings  of  the  board,  which  sum  shall 
be  paid  out  of  the  state  treasury  upon  vouchers  of  the 
board  duly  certified  by  the  president  and  secretary 
thereof. 

Sec.  1105.  DUTIES  OF  BOARD.— Such  board 
shall  direct  the  disposition  of  all  moneys  appropriated 
by  the  legislative  assembly  or  by  the  congress  of  the 
United  States,  or  that  may  be  derived  from  the  sale  of 
lands  donated  by  congress  to  the  state  for  such  college, 
or  that  may  be  donated  to  or  come  from  any  source 
to  the  state  for  said  college,  or  experiment  station  for 
North  Dakota,  subject  to  all  restrictions  imposed  upon 
such  funds  either  by  the  constitution  or  laws  of  the 
state  or  by  the  terms  of  such  grants  from  congress, 
and  shall  have  supervision  and  charge  of  the  con- 
struction of  all  buildings  authorized  by  law  for  such 
college  and  station.  The  board  shall  have  power 
to  employ  a  president  and'  necessary  teachers,  instruc- 
tors and  assistants  to  conduct  such  school  and  carry 
on  the  experiment  station  connected  therewith  and  to 
appoint  one  of  its  members  superintendent  of  con- 
struction of  all  buildings,  who  shall  receive  three  dol- 
lars per  day  for  each  day  actually  and  necessarily  en- 
gaged in  the  discharge  of  his  duties,  not  to  exceed 
fifty  days  in  any  one  year,  which  sum  shall  be  paid  out 
of  the  state  treasury  upon  the  vouchers  of  said  board. 
iSec.  1106.  COURSE  OF  INSTRUCTION.— 
The  object  of  such  college  shall  be  to  afford  practical 
instruction  in  agriculture  and  the  natural  sciences  con- 
nected therewith,  and  in  the  sciences  which  bear  di- 
rectly upon  all  industrial  arts  and  pursuits.  The 
course  of  instruction  shall  embrace  the  English  lan- 
guage and  literature,  mathematics,  military  tactics, 
civil  engineering,  agricultural  chemistry,  animal  and 
vegetable  anatomy,  and  physiology,  the  veterinary  art, 
entomology,  geology  and  such  other  natural  sciences 
as  may  be  prescribed,  political,  rural  and  household 
economy,  horticulture,  moral  philosophy,  history, 
bookkeeping  and  especially  the  application  of  science 
and  the  mechanic  arts  to  practical  agriculture.  A 
full  course  of  study  in  the  institution  shall  embrace 
not  less  than  four  years,  and  the  college  year  shall 
consist  of  not  less  than  nine  calendar  months,  which 
may  be  divided  into  terms  by  the  board  of  trustees  as 
in  its  judgment  will  best  secure  the  objects  for  which 
the  college  was  founded. 


Superintendent 
of    construc- 
tion. 


Object    and 
course  of  study. 


Full    course 
four    years. 


STATE   OF   NORTH   DAKOTA 


165 


Removals  and 
vacancies. 


Government 
and    discipline, 
faculty    to 
adopt   rules   for. 


Sec.  1107.       BOARD  OF  TRUSTEES  TO  FIX 
SALARIES. — The  board  of  trustees  shall  fix  the  sal-    Salaries  fixed 
aries  of  the  president,  teachers,  instructors  and  other    by  trustees- 
employes  and  prescribe  their  respective  duties.       The 
board  shall  also  fix  the  rate  of  wages  to  be  allowed  the 
students  for  labor  on  the  farm  and  experiment  station 
or  in  the  shops  or  kitchen  of  the  college.      The  board 
may  remove  the  president  or  subordinate  officers  and 
supply  all  vacancies. 

Sec.  1108.  FACULTY  TO  ADOPT  RULES 
AND  REGULATIONS.— The  faculty  shall  consist 
of  the  president,  teachers  and  instructors  and  shall 
pass  all  needful  rules  and  regulations  for  the  gov- 
ernment and  discipline  of  the  college,  regulating  the 
routine  of  labor,  study,  meals  and  the  duties  and  ex- 
ercises,«and  all  such  rules  and  regulations  as  are  neces- 
sary for  the  preservation  of  morals,  decorum  and 
health. 

Sec.  1109.  DUTIES  OF  PRESIDENT.—  The 
president  shall  be  the  chief  executive  officer  of  the  col- 
lege and  it  shall  be  his  duty  to  see  that  all  rules  and 
regulations  are  executed,  and  the  subordinate  officers 
and  employes  not  members  of  the  faculty  shall  be  un- 
der his  direction  and  supervision. 

Sec.  1110.  FACULTY  TO  MAKE  ANNUAL 
REPORT  TO  BOARD.— The  faculty  shall  make  an 
annual  report  to  the  board  of  trustees  on  or  before  the 
first  Monday  in  November  of  each  year,  showing  the 
condition  of  the  school,  experiment  station  and  farm 
and  the  results  of  farm  experiments  and  containing 
such  recommendations  as  the  welfare  of  the  institution 
demands. 

Sec.  1111.  ANNUAL  REPORT  TO  GOVER- 
NOR.— The  board  of  trustees  shall  on  or  before  the 
fifteenth  day  of  November  in  each  year  make  a  report 
to  the  governor  setting  forth  in  detail  the  operations 
of  the  experiment  station,  including  a  statement  of  the 
receipts  and  expenditures,  a  copy  of  which  report  shall 
be  sent  by  the  governor  to  the  commissioner  of  agri- 
culture and  to  the  secretary  of  the  treasury  of  the 
United  States,  and  the  board  shall  also  make  report 
to  the  governor  on  or  before  the  fifteenth  day  of 
November  next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  a  financial  statement 
showing  the  condition  of  all  funds  appropriated  for 
the  use  of  such  college  and  experiment  station,  also 


President   ex- 
ecutive   officer. 


Duty    to    en- 
force rules. 


Faculty    to    re- 
port to  trus- 
tees annually. 


Annual  report 
.to  governor  by 
trustees. 


Report    to    com- 
missioner  of 
agriculture. 


Biennial     report 
of  trustees. 


1(56 


GENERAL   SCHOOL  LAWS 


Degrees,    on 
whom    may    be 
conferred. 


Land   grant 
accepted. 


the  moneys  expended  and  the  purposes  for  which  the 
same  were  expended  in  detail,  also  the  condition  of 
the  institution  and  the  results  of  the  experiments  car- 
ried on  there. 

Sec.  1112.  DEGREES  MAY  BE  CONFERRED, 
— The  board  and  the  faculty  shall  have  power  to  con- 
fer degrees  upon  all  persons  who  shall  have  com- 
pleted the  course  of  study  prescribed  by  them,  and 
who  shall  have  passed  a  satisfactory  examination  in 
the  branches  contained  in  such  course  and  who  possess 
a  good  moral  character.  i 

Sec.  1113.  ACCEPTANCE  OF  LAND  GRA;NT. 
— The  grants  of  land  accruing  to  this  state  by  virtue 
of  an  act  of  congress  donating  public  lands  for  the 
use  and  support  of  agricultural  colleges  approved 
February  22,  1889,  is  hereby  accepted  with  all  the 
conditions  and  provisions  in  said  act  contained,  and 
said  lands  are  hereby  set  apart  for  the  use  and  support 
of  the  colleges  herein  provided  for. 

Sec.  1114.  BOND  OF  TREASURER.— The 
treasurer  of  such  college  shall  give  a  bond  in  the  sum 
of  fifty  thousand  dollars  with  at  least  four  sureties  to 
be  approved  by  the  board  of  trustees  of  such  college, 
conditioned  for  the  faithful  accounting  of  all  moneys 
received  by  him  as  such  treasurer. 

ARTICLE  6. — AGRICULTURAL  AND  GEOLOGICAL  SURVEY- 

Sec.  1121.  AGRICULTURAL  COLLEGE 
BOARD  CO-OPERATE.— The  board  of  trustees  of 
the  agricultural  college  of  the  state  of  North  Dakota 
is  hereby  authorized  to  co-operate  with  the  directors 
of  the  United  States  federal  surveys  and  to  accept  the 
co-operation  of  the  United  States  with  this  state  in 
executing  a  topographic,  economic  and  agricultural 
survey  and  map  of  North  Dakota,  which  is  hereby 
authorized  to  be  made ;  and  the  said  'board  of  trustees 
shall  have  the  power  to  arrange  with  said  directors, 
or  other  authorized  representatives  of  the  United 
States  government  surveys,  concerning  the  details  of 
said  work,  the  methods  of  its  execution,  and  the  order 
in  part  of  time  in  which  these  surveys  and  maps  of  the 
different  parts  of  the  state  shall  be  completed ;  pro- 
vided, that  the  said  directors  of  the  United  States 
government  survey,  thus  co-operating  with  the  state 
of  North  Dakota,  shall  agree  to  expend  on  the  part  of 
the  United  States  upon  said  work  a  sum  equal  to  that 


Treasurer's 
bond. 


Topographic 
map. 


STATE   OF   NORTH   DAKOTA 


167 


Map&— de- 
scription. 


What  to   show. 


appropriated  by  the  state  of  North  Dakota  for  that 
purpose. 

Sec.  1122.  MAPS  UNIFORM  WITH  U.  S. 
MAPS. — In  arranging  the  details  heretofore  referred 
to,  it  is  expected  that  the  topographic  maps  resulting 
from  this  survey  shall  be  similar  in  design  to  the  Far- 
go and  Casselton  sheets  already  made  by  the  United 
States  geological  survey;  that  they  shall  show  the  lo- 
cation of  all  roads,  railroads,  streams,  lakes  and  rivers, 
and  shall  contain  certain  lines  showing  the  elevation 
and  depression  for  every  twenty  feet  of  vertical  inter- 
val of  the  surface  of  the  county ;  and  that  the  resulting 
maps  shall  recognize  the  co-operation  of  the  state  of 
North  Dakota. 

Sec.  1123.  MAKE  AN  ECONOMIC  SURVEY. 
—Following  the  completion  of  the  topographic  maps, 
or  as  rapidly  as  deemed  expedient,  an  economic  sur- 
vey shall  be  made,  including  a  complete  account  of  all 
economic  resources  of  agricultural  importance,  in- 
cluding the  character  and  value  of  soil  for  agricultural 
purposes,  the  nature  and  extent  of  water  supplies,  both 
surface  and  artesian,  together  with  the  analysis  of 
soils,  waters,  etc.,  including  also  the  collecting  and 
tabulating  of  meteorological  data  necessary  in  explain- 
ing climatic  variations,  and  such  other  investigations 
as  naturally  belong  to  an  economic  survey. 

Sec.  1124.  STATE  DIRECTOR  TO  COLLECT 
SAMPLES.— It  shall  be  the  duty  of  the  state  director 
of  this  survey  to  collect  or  cause  to  be  collected, 
samples  of  rocks,  soils,  coals,  clays,  minerals,  fossils, 
plants,  woods,  skins  and  skeletons  of  native  animals, 
and  such  other  products  of  economic  or  scientific  in- 
terest discovered  during  this  survey,  which  properly 
secured  and  labeled,  shall  be  placed  on  exhibition  in 
the  museum  of  the  North  Dakota  agricultural  col- 
lege. 

Sec.  1125.  ARRANGE  TO  PUBLISH  MAPS. 
— The  state  director  of  this  survey  shall  arrange  with 
the  directors  of  the  government  surveys  for  the  pub- 
lications of  economic  maps  resulting  from  this  sur- 
vey, which  shall  be  similar  in  design  to,  and  uniform 
with  the  publication  now  made  by  these  surveys  ac- 
companied by  (a)  the  written  description  of  the  for- 
mations and  economic  resources,  which  shall  consti- 
tute a  report,  embodying  and  setting  forth  all  useful 
information  developed  during  these  investigations. 


Economic  sur- 
vey. 


Water     supply. 


Climatic    varia- 
tions. 


Samples  for 
museum    to    be 
collected. 


Publication    of 
map. 


168 


GENERAL  SCHOOL  LAWS 


Bulletins    of 

experiment 

station. 


Distribution. 


State    director, 
to   report  to 
governor. 


Sec.  1126.  PUBLISH  REPORTS.— There  shall 
be  published  from  time  to  time,  as  bulletins  of  the 
North  Dakota  experiment  station,  preliminary  reports 
of  this  survey,  as  the  work  progresses,  showing  the 
results  of  the  survey  and  investigations  conducted, 
together  with  preliminary  maps  showing  the  areas 
covered  and  these  preliminary  reports  shall  be  sent 
gratis  to  all  citizens  of  North  Dakota  making  applica- 
tion. 

Sec.  1127.  MAKE  BIENNIAL  REPORT  TO 
GOVERNOR.— It  shall  be  the  duty  of  the  said  board 
of  trustees,  through  the  state  director  of  this  survey, 
to  make  on  or  before  the  second  Tuesday  of  Decem- 
ber of  each  year,  immediately  preceding  the  regular 
sessions  of  the  legislative  assembly  of  North  Dakota, 
a  biennial  report  to  the  governor,  showing  the  pro<- 
gress  of  the  survey,  accompanied  by  copies  of  the 
maps  completed,  and  results  accomplished,  together 
with  a  report  of  all  moneys  received  and  expended ; 
and  the  governor  shall  lay  this  report  before  the  leg- 
islative assembly. 

Sec.  1128.  STATE  DIRECTOR.— The  professor 
of  geology  of  the  North  Dakota  agricultural  college 
shall  act,  under  the  direction  of  the  board  of  trustees 
of  said  institution,  as  state  director  of  this  survey. 

Sec.  1129.  APPROPRIATION.— There  is  here- 
by appropriated  out  of  the  money  of  the  state  treas- 
ury, not  otherwise  appropriated,  the  sum  of  five  hun- 
dred dollars  ($500)  annually,  which  shall  be  paid  by 
the  state  treasurer  upon  a  draft  from  the  secretary  of 
the  board  of  trustees,  having  in  control  this  survey. 

Sec.  1130.  NAME.— This  survey  shall  be  known 
as  the  Agricultural  College  survey  of  North  Dakota. 

Sec.  1131.  ,  NOT  CONFLICTING.— This  act  is 
not  to  be  construed  as  conflicting  in  any  manner  with 
or  repealing  the  geological  survey  of  North  Dakota 
already  established  at  the  state  university. 

Sec.  1132.  BELONG  TO  THE  STATE.— Air- 
lands belonging  to  the  state,  or  lands  known  as  school 
lands  and  public  institution  lands,  in  which  is  discov- 
ered any  valuable  deposit  of  coal  or  minerals  of  any 
kind,  clay,  gravel  or  stone  shall  be  and  remain  the 
property  of  the  state  until  provision  for  the  sale  or 
leasing  thereof  is  especially  providedjby  law. 


State  director 
— who    is. 


Annual   ap- 
propriation. 


Name  of  sur- 
vey. 


Not    to    conflict 
with    state 
university. 


Mineral    de- 
posit in  state 
or   school 
-.lands   belongs 
to  state. 


STATE   OF   NORTH   DAKOTA 


169 


ARTICLE  7. — SCHOOL-  FOR  THE  DEAF  AND  DUMB. 


Sec.  1133.  LOCATION.— The  school  for  the  deaf 
and  dumb  as  located  by  the  constitution  at  Devils 
Lake  shall  continue  to  be  the  institution  for  the  sup- 
port and  education  of  the  deaf  and  dumb  children 
of  the  state  .  (See  Const.  Sec.  215,  sub.  5.) 

Sec.  1134.  BOARD  OF  TRUSTEES,  HOW 
APPOINTED.— Such  institution  shall  be  under  the 
supervision  of  a  board  of  trustees  consisting  of  five 
members,  who  shall  be  appointed  by  the  governor  by 
and  with  the  advice  and  consent  of  the  senate.  At 
each  biennial  session  of  the  legislative  assembly  the 
governor  shall  nominate  and,  by  and  with  the  advice 
and  consent  of  the  senate,  appoint  for  the  term  of  four 
years  trustees  to  fill  vacancies  occurring  by  the  expir- 
ation of  the  term  of  office  of  those  previously  ap- 
pointed, and  the  governor  shall  have  power  to  fill  all 
vacancies  in  the  board  which  shall  occur  when  the  leg- 
islative assembly  is  not  in  session,  and  the  members 
of  such  board  shall  hold  their  office  for  the  term  of 
four  years  commencing  on  the  first  Tuesday  in  April 
succeeding  their  appointment,  and  until  their  suc- 
cessors are  appointed  and  qualified,  except  members 
appointed  to  fill  vacancies  during  the-  recess  of  the 
legislative  assembly,  which  members  shall  hold  only 
until  the  first  Tuesday  in  April  succeeding  the  next 
regular  session  of  the  legislative  asserrfbly. 

Sec.  1135.  ORGANIZATION.  MEETINGS.— 
Such  trustees  shall  meet  in  the  city  of  Devils  Lake. 
They  shall  choose  from  among  their  number  a  presi- 
dent and  secretary,  who  shall  hold  office  for  two 
years  and  until  their  successors  are  appointed  and 
qualified.  Three  members  of  the  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  Such 
board  shall  meet  annually  in  the  month  of  April  and 
as  often  thereafter  as  may  be  deemed  necessary  for 
the  proper  transaction  of  business,  upon  the  call  of 
the  president  or  secretary. 

Sec.  1136.  OATH.  DUTIES  OF  OFFICERS 
OF  BOARD.— Each  member  of  the  board  shall  be- 
fore entering  upon  his  duties  take  and  subscribe  the 
oath  required  of  other  civil  officers,  which  oath  shall 
be  filed  in  the  office  of  the  secretary  of  state.  The 
president  shall  preside  at  all  meetings  of  the  board 
when  present  and  in  his  absence  a  president  pro  tern- 


Deaf  and 

dumb  children 
— where  edu- 
cated. 


Trustees — 
number    and 
appointment. 


Vacancies. 


Term    of    office. 


Meetings. 


Organization. 


Quorum. 


Oath. 


Duties. 


170 


GENERAL  SCHOOL  LAWS 


Deposit  of 
funds,    board 
shall    direct. 


General  super- 
vision. 


pore  may  be  named  to  perform  the  duties  of  president. 
The  secretary  shall  keep  a  correct  record  of  the  pro- 
ceedings of  the  board  and  have  charge  in  trust  for  the 
institution,  of  all  papers  and  records  of  the  same.  (Stfe 
Appendix  D}  Note  32.) 

Sec.  1137.  BOARD  TO  DIRECT  DISPOSI- 
TION OF  MONEYS.— The  board  shall  direct  the 
disposition  of  all  moneys  appropriated  by  the  legisla- 
tive assembly  or  received  from  any  other  source  for 
the  benefit  of  such  institution. 

Sec.  1138.  DUTIES  OF  BOARD.— Such  board 
shall  have  general  supervision  of  the  institution,  adopt 
rules  for  the  government  thereof,  employ  and  fix  the 
salaries  of  all  employes,  provide  necessaries  for  the 
institution  and  perform  other  duties,  not  devolving 
upon  the  principal  necessary  to  render  it  efficient  and 
to  carry  out  the  provisions  of  this  article. 

Sec.  1139.  INDEBTEDNESS  LIMITED.— The 
board  shall  not  create  any  indebtedness  against  such 
institution  exceeding  the  amount  appropriated  by  the 
legislative  assembly  for  the  use  thereof. 

Sec.  1140.  COMPENSATION  OF  MEMBERS 
OF  BOARD.— The  members  of  the  board  shall  re- 
ceive as  compensation  for  their  services  three  dollars 
per  day  for  each  day  employed,  and  five  cents  per 
mile  for  each  mile  actually  and  necessarily  traveled  in 
attending  meetings  of  the  board,  to  be  paid  out  of  the 
state  treasury  upon  vouchers  of  the  board  duly  certi- 
fied by  the  president  and  secretary  thereof. 

Sec.  1141.  FEE  FOR  NON-RESIDENT  CHIL- 
DREN.— Deaf  and  dumb  children,  not  residents  of 
this  state,  of  suitable  age  and  capacity,  shall  be  entitled 
to  an  education  in  such  school  on  payment  to  the  state 
treasurer  of  the  sum  of  one  hundred  and  eighty  dol- 
lars per  annum,  in  advance,  but  such  children  shall 
not  be  received  to  the  exclusion  of  children  of  this 
state. 

Sec.  1142.  RESIDENTS  ENTITLED  TO  ED- 
UCATION FREE. — Each  deaf  and  dumb  person, 
who  is  a  resident  of  this  state,  of  suitable  age  and 
capacity,  shall  be  entitled  to  receive  an  education  in 
such  institution  at  the  expense  of  the  state. 

Sec.  1143.  ACCOUNTS  FOR  CLOTHING, 
HOW  COLLECTED.— When  the  pupils  of  such  in- 
stitution are  not  otherwise  provided  or  supplied  with 


Indebtedness 
not    to    exceed 
appropriation. 


Compensation. 


Non-resident 
pupils — fee    for. 


Residents  to 
be  educated 
free. 


Clothing —    how 
furnished. 


STATE   OF   NORTH    DAKOTA 


171 


County   treas- 
urer  to    collect 
for  same. 


rTo  be  paid  by 
taxation — 
when. 


suitable  clothing,  they  shall  be  furnished  therewith  by 
the  principal,  who  shall  make  out  an  account  thereof 
in  each  case  against  the  parent  or  the  guardian,  if  the 
pupil  is  a  minor,  and  against  the  pupil  if  he  has  no 
parents  or  guardian,  or  if  he  has  attained  the  age  of 
majority;  which  account  shall  be  certified  to  be  cor- 
rect by  the  principal,  and  when  so  certified  such  ac- 
count by  mail  to  the  county  treasurer  of  the  county 
from  which  the  pupil  so  supplied  shall  have  come ; 
and  such  treasurer  shall  proceed  at  once  to  collect  the 
amount  by  suit  in  the  name  of  his  counry,  if  necessary, 
and  pay  the  same  into  the  state  treasury.  The  prin- 
cipal shall  at  the  same  time  remit  a  duplicate  of  such 
account  to  the  state  auditor,  who  shall  credit  the  same 
to  the  account  of  the  school  and  charge  it  to  the  pro- 
per county ;  provided,  that  if  it  shall  appear  by  the  affi- 
davit of  three  disinterested  citizens  of  the  county,  not 
of  kin  to  the  pupil,  that  such  pupil  or  his  parents 
would  be  unreasonably  oppressed  by  such  suit,  then 
such  treasurer  shall  not  commence  such  action,  but 
shall  credit  the  same  to  the  state  on  his  books  and  re- 
port the  amount  of  such  account  to  the  board  of  coun- 
ty commissioners  of  his  county,  which  board  shall 
levy  a  sufficient  tax  to  pay  the  same  to  the  state  and 
cause  the  same  to  be  paid  into  the  state  treasury. 

Sec.  1144.  TRANSPORTATION  OF  INDI- 
GENT PERSONS,  HOW  PAID.— The  board  of 
county  commissioners  shall  order  to  be  paid  the  ex- 
penses of  transportation  to  and  from  such  institution 
of  any  indigent  deaf  and  dumb  children  entitled  to 
admission  thereto,  and  they  shall  at  the  time  of  levy- 
ing other  taxes,  levy  a  tax  sufficient  to  reimburse  the 
county  therefor.  In  order  to  avoid  long  delays  in 
transporting  indigent  children  to  and  from  the  insti- 
tution, the  principal  may,  upon  correspondence  with 
the  auditor  of  such  county,  pay  such  transportation 
and  forward  to  such  county  auditor  an  itemized  state- 
ment of  the  expenses.  The.  board  of  county  com- 
missioners shall  order  the  county  treasurer  to  draw 
his  warrants  for  such  amount  in  favor  of  the  prin- 
cipal of  the  institution,  .who  shall  account  for  such 
money  as  provided  by  law. 

Sec.  1145.  FACULTY.  DUTIES  OF  PRINCI- 
PAL.— The  officers  of  the  institution  shall  be  a  prin- 
cipal and  matron.  '  The  principal  shall  be  a  capable 
person,  skilled  in  the  sign  language  and  all  the  meth- 


Transporta- 
tion — when 
paid. 


County  war- 
rant to  pay 
same. 


Officers. 


172 


GENERAL  SCHOOL  LAWS 


Salary. 


Report. 


Records. 


Employment 
for  pupils. 


Matron — 
duty    of. 


Report    of 
trustees. 


ods  in  use  in  educating  the  deaf,  and  shall  have 
knowledge  of  the  wants  and  requirements  of  the  deaf 
Qualifications  in  their  proper  training  and  instruction.  The  prin- 
if  principal.  Q^  and  matron  must  reside  at  the  institution.  The 
principal -shall  receive  a  salary  of  not  less  than  fifteen 
hundred  dollars  per  annum.  The  principal  shall  an- 
nually make  to  the  board  of  trustees  a  written  report 
stating  in  full  the  true  condition  of  the  educational, 
the  domestic  and  the  industrial  departments  of  the 
institution  and  his  action  and  proceedings  therein, 
which  report  shall  be  embraced  in  the  report  of  the 
trustees  to  the  governor.  He  shall  keep  and  have 
charge  of  all  necessary  records  and  registers  of  each 
department  and  have  the  supervision  of  teachers, 
pupils  and  servants  and  perform  such  other  duties  as 
the  board  may  require.  He  may  recommend  and 
with  the  approval  of  the  board  employ  all  assistants 
needed  therein.  He  shall  have  special  charge  of 
the  male  pupils,  out  of  school  hours,  and  shall  furnish 
them  with  employment  about  the  premises  or  in  some 
trade  to  which  they  are  adapted  when  such  trades  have 
been  organized  and  established  at  the  institution  by 
the  trustees  and  provision  for  their  maintenance  made 
by  the  legislative  assembly.  The  proceeds  and  pro- 
ducts arising  from  the  labor  and  employment  of  the 
pupils  shall  inure  to  the  use  and  benefit  of  the  institu- 
tion. 

Sec.  1146.  DUTY  OF  MATRON.— The  matron 
of  the  school  shall  have  control  of  the  internal  ar- 
rangement and  management  of  the  institution  and  of 
the  female  pupils,  out  of  school  hours.  She  shall 
instruct  the  female  pupils  in  the  domestic  arts  or  in 
some x  trade  to  which  they  are  adapted,  under  the  di- 
rection of  the  principal. 

Sec.  1147.  BOARD  TO  MAKE  BIENNIAL 
REPORTS.— The  board  of  trustees  shall  on  or  be- 
fore the  fifteenth  day  of  November  preceding  each 
regular  session  of  the  legislative  assembly  make  a 
full  and  complete  report  to  the  governor,  showing: 

1.  A  statement  of  the  financial  condition  of  the  in- 
stitution from  the  date  of  the  last  report,  giving  in 
detail  the  amount  of  moneys  received  from  all  sources 
and  the  amount  expended. 

2.  The  value  of   real  estate  and  buildings  at  the 
date  of  the  last  report  and  the  cost  of  improvements 
made,  if  any,  since  such  report. 


STATE   OF   NORTH   DAKOTA 


173 


Funds — how 
kept   and    dis- 
posed of. 


3.  The  number     of  pupils     in     attendance,  their 
names,  ages,  residences,  and  cause  of  deafness;  alsa 

the  number  that  have  entered  the  institution,  and  the    Contents  of. 
number  of  those  who  have  left  since  the  last  report. 

4.  The  number  and  cause  of  deaths,  if  any,  which 
have  occurred  in  the  institution  since  the  last  report. 

5.  The  improvement,  health  and  discipline  of  the 
pupils. 

6.  The  names  of  the  officers,  teachers  and  servants 
employed. 

7.  All   other  needful  information     touching  such 
matters  as  may  be  deemed  of  interest. 

8.  Such  recommendations  as  may  be  deemed  need- 
ful. 

Sec.  1148.  DISPOSITION  OF  MONEY  RE- 
CEIVED.— All  money  that  shall  arise  from  the  inter- 
est received  on  all  moneys  derived  from  the  sale  of 
lands  hereinbefore  or  that  may  hereafter  be  appro- 
priated for  the  school  for  deaf  and  dumb,  including 
all  money  that  may  be  received  from  the  renting  of 
said  land  and  all  moneys  that  may  be  hereafter  appro- 
priated for  the  school  for  the  deaf  and  dumb,  by  the 
state  of  North  Dakota,  including  all  money  raised  in 
any  other  manner  or  donated  to  said  asylum,  shall  be 
deposited  with  the  state  treasurer  to  be  kept  by  him 
in  a  separate  fund,  which  shall  be  known  as  the  deaf 
and  dumb  asylum  fund,  and  be  used  exclusively  for 
the  benefit  of  said  school  for  the  deaf  and  dumb  as 
may  be  herein  or  hereafter  provided. 

Sec.  1149.  BOOKS  OPEN  TO  INSPECTION. 
—Every  duty  and  contract  to  be  performed  by  said 
trustees  must  receive  the  approval  of  the  majority  of 
the  board  in  regular  session  duly  called,  in  order  to 
make  binding  and  valid.  All  proceedings  of  said 
board  shall  be  recorded  in  a  book  kept  for  that  pur- 
pose, and  open  to  the  inspection  of  anybody  on  re- 
quest. 

Sec.  1150.  ITEMIZED  VOUCHERS.— All  mon- 
eys that  may  come  into  the  treasury  of  the  state  of 
North  Dakota,  and  credited  to  the  school  for  the  deaf 
and  dumb,  shall  be  paid  out  to  the  persons  entitled 
thereto,  and  the  state  auditor  is  hereby  directed  to 
draw  his  warrant  on  the  funds  in  the -hands  of  the 
state  treasurer  belonging  to  the  said  school  for  the 
deaf  and  dumb  upon  the  written  order  of  the  said 
board  of  trustees,  which  order  shall  be  accompanied 


Majority  ne- 
cessary to  valid 
contract. 


Records   open 
to  public. 


Payment 
made    only    on 
order   of   board. 


174 


GENERAL  SCHOOL  LAWS 


by  itemized  vouchers  for  the  full  amount  of  such 
order ;  provided,  that  no  such  order  shall  be  issued  un- 
til there  is  cash  in  the  treasury  with  which  to  pay  the 
same. 

Sec.  1151.  NO  COMPENSATION.— The  trus- 
tees shall  receive  no  compensation  for  performing  the 
duties  herein  prescribed. 


Services    free. 


School   for 
blind,    location 
and    govern- 
ment. 


Trustees — 
how  and 
when    appoint- 
ed. 


Term  of  office. 


Vacancies. 


Qualification 
and  organiza- 
tion of  board. 


ARTICLE  8. — BLIND  ASYLUM. 

Sec.  1152.  LOCATION  AND  GOVERNMENT. 
— There  is  hereby  established  and  located  at  Bathgate 
in  Pembina  county,  a  blind  asylum,  which  shall  be 
known  by  the  name  of  the  North  Dakota  Blind  Asy- 
lum. The  government  and  management  of  said 
asylum  is  hereby  vested  in  a  board  of  trustees  con- 
sisting of  five  members,  which  shall  be  styled  the 
Board  of  Trustees  of  the  North  'Dakota  Blind  Asy- 
lum. (See  Const.  Sec.  216,  sub.  2.) 

Sec.  1153.  TRUSTEES,  HOW  APPOINTED. 
LENGTH  OF  TERM.— The  members  of  the  board 
shall  be  nominated  by  the  governor,  and,  by  and  with 
the  advice  and  consent  of  the  senate,  shall  be  appoint- 
ed on  or  before  the  third  Monday  of  February  of  each 
biennial  session  of  the  legislative  assembly,  for  a  per- 
iod of  four  years  from  said  date ;  provided,  however, 
that  the  first  -board  of  trustees  shall  be  appointed  by 
the  governor  at  once  upon  the  taking  effect  of  this 
article;  provided,  further,  that  the  terms  of  the  first 
board  shall  be  three  members  for  the  period  of  four 
years,  and  two  members  for  the  period  of  two  years, 
the  length  of  the  term  of  the  respective  trustees  to  be 
designated  by  the  governor  in  making  the  appoint- 
ments. Such  appointments  shall  be  made  by  and 
with  the  advice  and  consent  of  the  senate,  when  the 
legislative  assembly  is  in  session ;  otherwise,  the 
trustees  appointed  shall  qualify  and  hold  office  until 
their  successors  are  appointed  and  qualified.  The 
governor  shall  have  power  to  fill  all  vacancies  which 
may  occur  in  said  board  when  the  legislative  assembly 
is  not  in  session,  and  members  of  said  board  shall  hold 
their  office  until  their  successors  are  appointed  and 
qualified  as  provided  herein. 

Sec.  1154.  ORGANIZATION  OF  BOARD. 
QUORUM. — The  governor  shall  cause  to  be  issued 
to  each  of  said  trustees  a  commission,  which  shall  be 


STATE   OF   NORTH    DAKOTA 


175 


Bond    of 
treasurer. 


Meetings — 
when,    where, 
number. 


Compensation. 

No  funds  to  be 
disturbed    until 
when. 


under  the  great  seal  of  the  state.  At  the  first  meet- 
ing of  said  board  the  members  thereof  shall  take  and 
subscribe  the  oath  of  office  required  of  all  civil  officers  Quorum, 
and  shall  then  proceed  to  elect  a  president,  secretary 
and  treasurer,  but  the  treasurer  need  not  be  a  member 
of  the  board.  A  majority  of  the  trustees  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  The 
board  shall  require  a  bond  of  its  treasurer  and  fix  the 
amount  thereof.  (See  Appendix  D. — Note  32.) 

Sec.  1155.  MEETINGS  OF  BOARD.  COM- 
PENSATION.—The  board  shall  hold  its  meetings  at 
Bathgate  and  fix  the  time  of  holding  the  same ;  provid- 
ed, there  shall  not  be  to  exceed  twelve  regular  meet- 
ings in  each  year.  The  members  of  the  board  shall 
receive  as  compensation  for  their  services  three  dol- 
lars per  day  for  each  day  employed,  not  to  exceed 
twenty- four  days  in  any  one  year,  and  five  cents  per 
mile  for  each  mile  actually  and  necessarily  traveled 
in  attending  the  meetings  of  the  board,  which  sum 
shall  be  paid  out  of  the  state  treasury  on  the  vouchers 
of  said  board ;  provided,  that  until  such  time  as  the 
legislative  assembly  shall  make  an  appropriation  for 
the  construction  and  maintenance  of  such  asylum,  or 
until  there  shall  be  derived  from  the  interest  on  the 
proceeds  of  sales  or  of  rents  derived  from  the  thirty 
thousand  acres  appropriated  for  this  asylum,  sufficient 
funds  to  construct  and  maintain  such  asylum,  the  sum 
of  five  thousand  dollars  the  trustees  appointed  under 
this  article  shall  receive  no  compensation  whatever, 
nor  shall  they  issue  their  warrants  upon  the  state 
treasury  for  any  purpose  whatever. 

Sec.  1156.  PROCEEDS  FROM  LAND  GRANT. 
—The  thirty  thousand  acres  of  land  donated  by  con- 
gress for  the  purpose  of  such  blind  asylum  and  appro- 
priated by  the  constitution  of  this  state  therefor,  and 
all  moneys  received  from  the  interest  and  income 
derived  from  the  sales  of  such  lands  or  rents  derived 
from  the  leasing  of  such  lands,  are  hereby  appropri- 
ated for  the  construction  and  maintenance  of  said 
asylum. 

Sec.  1157.  BY-LAWS  AND  RULES  OF  REG- 
ULATION.—The  board  shall  direct  the  disposition 
of  all  moneys  appropriated  by  the  legislative  assembly 
or  the  interest  on  all  moneys  that  may  be  derived 
from  the  sale,  or  the  rent  derived  from  the  leasing 
of  land  donated  by  congress  to  this  state  and  by  the 


Proceeds 
from   land 
grant — how    to 
be    used. 


Care    of    funds. 


176 


GENERAL  SCHOOL  LAWS 


Officers    and 
instructors. 


General  super- 
vision. 


Reports — 
when    and    to 
whom  made. 


constitution  of  the  state  appropriated  for  such  asylum, 
Rules  and  and  shall  have  supervision  and  charge  of  the  construc- 
tion of  all  buildings  provided  for  or  authorized  by  law 
for  said  asylum.  Said  board  shall  have  power  to  enact 
by-laws  and  rules  for  the  regulation  of  all  its  concerns 
not  inconsistent  with  the  laws  of  this  state;  to  see 
that  its  affairs  are  conducted  in  accordance  with  the 
requirements  of  law ;  to  provide  employment  and  in- 
struction for  the  inmates ;  to  appoint  a  superintend- 
ent, a  steward,  a  matron,  a  teacher  or  teachers,  and 
such  other  officers  as  in  its  judgment  the  wants  of  the 
institution  may  require,  and  prescribe  their  duties;  to 
exercise  a  general  supervision  over  the  institution,  its 
officers  and  inmates,  fix  the  salaries  to  be  paid  to  the 
officers  and  to  order  their  removal  upon  good  cause. 
Sec.  1158.  REPORTS,  WHEN  MADE.— The 
board  shall  make  a  report  to  the  governor  on  or  be- 
fore the  last  Monday  in  December  next  preceding 
each  biennial  session  of  the  legislative  assembly,  con- 
taining a  financial  statement  showing  the  condition  of 
all  funds  appropriated  for  the  asylum ;  also  the  money 
expended  and  the  purpose  for  which  the  same  was  ex- 
pended in  detail;  also  showing  the  condition  of  the 
institution  generally. 

Sec.  1159.  INSTRUCTION  OF  BLIND  CHIL- 
DREN.— Until  otherwise  provided  the  governor  is 
hereby  authorized  to  contract  with  the  state  of  South 
Dakota,  or  with  the  state  of  Minnesota,  for  the  care 
and  instruction  of  blind  children  of  school  age,  and 
shall  authorize  the  state  auditor  to  issue  warrants 
upon  the  state  treasury  for  that  purpose. 

ARTICLE  9. — INSTITUTION    FOR   FEEBLE  MINDED. 

Sec.  1160.  LOCATION.— There  shall  be  located 
and  permanently  maintained  at  or  near  the  city  of 
Grafton,  in  the  county  of  Walsh,  an  institution  for 
the  feeble  minded,  upon  the  grounds  conveyed  by  the 
United  States  of  America  to  the  state  of  North  Da- 
kota for  that  purpose,  to  be  known  and  designated  as 
"The  Institution  for  Feeble  Minded." 

Sec.  1161.  BOARD  OF  TRUSTEES.— The  said 
institution  shall  be  controlled  by  a  board  of  five  trus- 
tees who  shall  be  appointed  by  the  governor,  by  and 
Trustees  —  ap-  wjth  the  advice  and  consent  of  the  senate,  for  the  term 

pointment  and 

term  of.  of  four  years  each*  and  until  their  successors  are  ap- 

pointed and  qualified;  provided,  however,  that  of  the 


Governor    to 
contract    with 
other    states 
for  education 
of    blind    chil- 
dren. 


At    Grafton. 


STATE  OF  NORTH   DAKOTA 


177 


Vacancies,    how 
filled. 


Officers,      elec- 
tion and  term. 


Quorum. 
Meetings. 


Powers    and 
duties    of    trus- 
tees. 


first  board  of  trustees  appointed  under  this  act,  three 
shall  be  appointed  for  the  term  of  four  years,  and  the 
other  two  for  the  term  of  two  years.  All  vacancies 
occuring  in  said  board  shall  be  filled  by  appointment 
in  like  manner  as  aforesaid  to  fill  the  unexpired  term. 

Sec.  1162.  TERM  OF  OFFICE.— Such  board 
of  trustees  shall  annually  elect  from  among  their  num- 
ber a  president  and  a  secretary,  who  shall  hold  office 
for  two  years  and  until  their  successors  are  chosen 
and  qualified.  Three  of  said  trustees  shall  constitute 
a  quorum,  and  shall  meet  annually  in  the  month  of 
April  and  as  often  thereafter  as  may  be  deemed  neces- 
sary, for  the  proper  transaction  of  business,  upon  the 
call  of  the  president  or  secretary. 

Sec.  1163.  DUTIES.— Said  trustees  shall  have 
the  general  management  and  superintendency  of  said 
institution ;  shall  prescribe  all  rules  and  regulations  for 
the  government  thereof;  and  the  admission  of  pupils 
thereto,  and  generally  perform  all  acts  necessary  to 
render  the  said  institution  efficient  for  the  purposes 
for  which  the  same  is  established,  to-wit :  For  the 
relief  and  instruction  of  the  feeble  minded  and  for 
the  care  and  custody  of  epileptic  and  idiotic  of  the 
state  and  they  may  introduce  and  establish  such  trades 
and  manual  industries  as  in  their  judgment  will  best 
train  their  pupils  for  future  self-support. 

Sec.  1164.  APPOINTMENT  OF  SUPERIN- 
TENDENT.— Such  board  shall  appoint  a  superin- 
tendent of  said  institution,  who  shall  be  a  physician 
skilled  in  caring  for,  and  in  instructing  the  class  of 
unfortunates  to  be  provided  for  by  this  act.  Such 
superintendent  shall  name  all  the  subordinate  officers, 
and  such  nominations  shall  be  confirmed  or  rejected 
by  the  board. 

Sec.  1165.  WHO  ADMITTED.— All  feeble 
minded  persons  residents  of  this  state,  who,  in  the 
opinion  of  the  superintendent  are  of  suitable  age  and 
capacity  to  receive  instruction  in  this  institution,  and 
whose  defects  prevent  them  from  receiving  proper 
training  in  the  public  schools  of  the  state,  and  all  idi- 
otic and  epileptic  persons  residents  of  this  state  may 
be  admitted  to  and  receive  the  benefits  of  this  insti- 
tution free  of  charge,  subject  to  such  rules  and  regu- 
lations as  may  be  made  by  the  board  of  trustees ;  and 
they  shall  be  provided  by  their  friends,  relatives,  or 


Superintendent. 


Other    officers. 


Pupils — who 
may    become. 


Duty   of 
friends. 


—12- 


178 


GENERAL  SCHOOL  LAWS 


board — duties 
of. 


Secretary. 


Treasurer. 


Clothing    fur- 
nished   when. 


the  county  from  which  they  come,  sufficient  funds  to 
furnish  them  with  proper  clothing  and  transporta- 
tion. 

Sec.  1166.  DUTIES  OF  OFFICERS.— The  presi- 
Officers  of  the  dent  shall  preside  at  all  meetings  of  the  board,  when 

1 «_J  J.-4-Crt«  «•*•"«  •      « 

present,  and  in  his  absence  a  president  pro  tempore 
may  be  chosen  to  perform  the  duties  of  president.  He 
shall  sign  all  contracts  on  behalf  of  the  board  and  all 
orders  upon  the  treasurer.  The  secretary  shall  coun- 
tersign all  contracts  and  orders  upon  the  treasurer 
and  shall  keep  a  correct  report  of  the  proceedings  of 
the  board,  and  shall  have  charge  in  trust  for  the  in- 
stitution of  all  papers  and  records  of  the  same.  Such 
board  shall  appoint  a  treasurer  who  may  or  may  not  be 
one  of  their  number,  as  they  deem  best,  as  provided  in 
section  1270  of  the  revised  codes  of  1905. 

.Sec.  1167.  SUPERINTENDENT  TO  FUR- 
NISH CLOTHING.— When  the  pupils  of  such  insti- 
tution are  not  otherwise  provided  or  supplied  with 
suitable  clothing,  or  the  necessary  transportation,  they 
shall  be  furnished  therewith  by  the  superintendent, 
who  shall  make  out  an  account  thereof  in  each  case 
against  the  county  from  which  the  pupil  shall  have 
come,  which  account  shall  state  the  name  of  the  pupil 
for  whom  the  same  is  furnished  and  shall  -be  certified 
to  be  correct  by  the  superintendent  and  when  so  cer- 
tified shall  be  presumed  to  be  correct  in  all  the  courts. 
The  superintendent  shall  thereupon  transmit  such  ac- 
count by  mail  to  the  auditor  of  the  proper  county, 
and  the  auditor  of  such  county  shall  present  the  same 
to  the  county  commissioners  of  said  county  at  their 
next  meeting  after  its  receipt  by  him,  who  shall  there- 
upon audit  and  allow  the  same,  and  charge  it  to  the 
general  fund  of  the  county,  and  thereupon  there  shall 
arise  in  favor  of  said  county  a  right  of  action  for  the 
amount  so  paid  as  against  the  parent  or  guardian,  if 
the  pupil  be  a  minor,  and  against  the  pupil  if  he  or  she 
has  no  parent  or  guardian  or  has  attained  the  age  of 
majority,  which  may  be  enforced  by  civil  action  at  the 
election  of  the  board  of  county  commissioners.  The 
superintendent  shall  render  to  the  board  of  trustees 
biennially,  or  oftener  if  required,  an  itemized  state- 
ment of  such  funds. 

|Sec.  1168.  DUTIES  OF  COUNTY  COMMIS- 
SIONERS.— The  board  of  county  commissioners 
shall  order  to  be  paid  the  expenses  of  transportation 


Procedure. 


County  com- 
missioners— 
duties  of  as 


STATE   OF   NORTH   DAKOTA 


179 


over  prop' 


to  and  from  such  institution  of  any  indigent  feeble 
minded  children  entitled  to  admission  thereto,  and 
they  shall,  at  the  time  of  levying  other  taxes,  levy  a 
sufficient  tax  to  reimburse  the  county  therefor.  In 
order  to  avoid  long  delay  in  transporting  indigent 
children  to  and  from  the  institution,  the  superintend- 
ent may,  upon  correspondence  with  the  auditor  of 
such  county,  pay  such  transportation  and  forward  to 
such  county  auditor  an  itemized  statement  of  the  ex- 
penses. The  board  of  county  commissioners  shall 
order  the  county  treasurer  to  draw  his  warrant  for 
such  amount  in  favor  of  the  superintendent  of  such 
institution,  who  shall  account  for  such  money  as  pro- 
vided by  law. 

'Sec.  1169.  DUTIES  OF  TRUSTEES.—  The 
board  of  trustees  shall  take  and  hold  in  trust  for  said 
institution  all  lands  and  property  hereafter  granted, 
given,  devised  or  conveyed  to  the  institution  for  feeble  Power  of  trus- 
minded,  to  be  applied  and  used  at  Grafton  aforesaid, 
and  any  moneys,  now  or  hereafter,  appropriated  or 
entrusted  to  said  institution  may  be  drawn  at  any 
time  from  the  state  treasury  upon  the  order  of  the 
board  of  trustees,  on  the  presentation  of  proper 
vouchers  to  the  state  auditor. 

Sec.  1170.  OFFICERS  TO  REPORT.  WHEN. 
—  On  or  before  the  first  day  of  November,  in  each  even 
numbered  year,  or  oftener  if  required,  the  super- 
intendent, secretary  and  treasurer  shall  render  to  the 
board  of  trustees  full  and  complete  reports,  accom- 
panied by  such  recommendations  as  may  seem  to  them 
wise  and  proper,  and  biennially,  and  on  or  before  the 
first  day  of  December,  preceding  the  regular  sessions  when. 
of  the  legislature,  said  board  of  trustees  shall  furnish 
the  governor  a  printed  report  of  said  institution  for 
the  two  years  ending  on  the  preceding  June  30th.  Said 
report  shall  contain  such  matters  as  are  of  interest  to 
the  institution,  with  reports  of  the  superintendent, 
such  as  is  common  from  like  institutions  ;  with  a  de- 
tailed statement  of  the  disbursements.  The  state 
authorities  shall  print  and  deliver  to  the  proper  officers 
for  the  use  of  the  legislature  and  state  officers,  five 
copies  for  each,  and  shall  deliver  to  the  officers  of  such 
institution  the  numBer  estimated  by  them  to  be  neces- 
sary for  the  use  thereof,  not  to  exceed  five  foF  each 
member  enrolled  therein. 


180 


GENERAL  SCHOOL  LAWS 


Sec.  1171.  COMPENSATION.— Each  member 
of  the  board  shall  receive  as  full  compensation  for  his 
services  as  such  trustee,  three  dollars  per  day  for  each 
day  necessarily  and  actually  employed  in  his  duties  as 
such  trustee,  together  with  five  cents  per  mile  for 
every  actual  and  necessary  mile  traveled  in  going  to 
and  returning  from  the  place  of  meeting  of  said 
'board ;  provided,  however,  that  the  secretary  and 
treasurer  shall  each  receive  for  his  service  annually  a 
sum  not  to  exceed  fifty  dollars,  as  may  be  allowed  by 
the  board. 


Compensation 
of    trustees. 


Secretary. 


ARTICLE  10. — INDUSTRIAL  SCHOOL. 

Sec.  1172.       NAME  AND  OBJECTS.— That  the 
institution  known  as  the  industrial  school  and  school 
industrial  for  manual     training,   located   at     Ellendale,  Dickey 

anhd°olobjecta.tion  county,  North  Dakota,  be  henceforth  designated  the 
state  normal  and  industrial  school,  the  object  of  such 
school  being  to  provide  instruction  in  a  comprehensive 
way  in  wood  and  iron  work  and  the  various  other 
branches  of  manual  training,  cooking,  sewing,  model- 
ing, art  work,  and  the  various  other  branches  of  do- 
mestic economy  as  a  co-ordinate  branch  of  education, 
together  with  mathematics,  drawing  and  the  other 
necessary  school  studies,  and  to  prepare  teachers  in 
the  science  of  education  and  the  art  of  teaching  in  the 
public  schools,  with  special  reference  to  manual  train- 
ing. 

Sec.  1173.  ENDOWMENT.— All  proceeds  ac- 
cumulating in  the  interest  and  income  fund  arising 
from  the  sale  or  leasing  of  all  lands  granted  or  here- 
after to  be  granted  by  the  State  of  North  Dakota  for 
the  said  industrial  school,  are  hereby  pledged  for  the 
establishment  and  maintenance  of  said  industrial 
school. 

Sec.  1174.  MANAGEMENT.— The  manage- 
ment and  government  of  such  school  shall  be  vested  in 
a  board  of  trustees,  consisting  of  five  members,  two 
of  whom  shall  be  residents  of  Dickey  county,  to  be 
known  as  the  board  of  trustees  of  the  industrial 
school,  and  to  be  appointed  as  provided  in  this  sec- 
tion. The  members  of  the  board  shall  be  nominated 
by  the  governor  and  by  and  with  the  consent  of  the 
senate,  shall  be  appointed  on  or  before  the  third  Mon- 
day in  February  of  each  biennial  session  of  the  legis- 
appointed.  w  en  lative  assembly,  for  a  period  of  four  years  from  said 


Income    from 
land   grant. 


Trustees — 
number. 


STATE   OF   NORTH   DAKOTA 


181 


date;  provided,  however,  that  the  first  board  of  trus- 
tees shall  be  appointed  by  the  governor  at  once  upon 
the  taking  effect  of  this  article,  and  provided,  further 
that  the  term  of  the  first  board  shall  be,  three  mem- 
bers for  a  period  of  four  years  and  two  members'  for  T  ffi 
a  period  of  two  years  the  length  of  the  term  of  the 
respective  trustees  to  be  designated  by  the  governor 
in  making  the  appointments.  Such  appointments 
shall  be  made  by  and  with  the  consent  of  the  senate, 
when"  the  legislative  assembly  is  in  session,  otherwise 
the  trustees  appointed  shall  qualify  and  hold  office  un- 
til their  successors  are  appointed  and  qualified.  The 
governor  shall  have  power  to  fill  all  vacancies  which  Vacancies, 
may  occur  in  said  board  when  the  legislative  assembly 
is  not  in  session,  and  the  members  of  said  board  shall 
hold  their  office  until  their  successors  are  appointed 
and  qualified  as  provided  herein. 

Sec.  1175.  MEETINGS  OF  BOARD.  COM- 
PENSATION.—The  board  shall  hold  its  meetings  at 
the  city  of  Ellendale,  in  Dickey  county,  and  fix  the 
time  for  holding  the  same.  They  shall  not  hold  to  Jfheee,Jing^ere 
exceed  six  regular  meetings  each  year ;  provided,  that  number, 
the  president  of  the  board  shall  have  power  to  call 
special  meetings,  whenever  in  his  judgment  it  becomes 
necessary.  At  their  first  meeting  they  shall  proceed 
to  elect  a  president  and  a  secretary,  but  the  secretary 
need  not  be  a  member  of  the  board  of  trustees,  and 
at  said  meeting  they  shall  adopt  a  seal  for  said  state  organization, 
industrial  school.  A  majority  of  the  board  shall  be 
a  quorum.  Each  trustee  and  the  secretary  shall  re- 
ceive three  dollars  per  day  for  each  day  necessarily 
employed  in  attendance  upon  sessions  of  the  board, 
and  five  cents  per  mile  for  each  mile  necessarilv  trav-  _ 

.  i  •  i  Quorum. 

eled,  to  be  paid  on  presentation  of  proper  vouchers 
containing  an  itemized  statement  of  the  number  of 
days  in  attendance  and  miles  actually  traveled  as 
above  provided,. duly  verified  by  his  oath  and  approved 
by  the  president  and  secretary  of  the  board,  and  the 
state  auditor  shall  audit  such  claims  and  draw  his 
warrants  upon  the  state  treasurer  for  the  amount  so 
allowed. 

Sec.  1176.  OATH.  BOND.  PLANS  AND 
SPECIFICATIONS.— Before  entering  upon  the  du- 
ties of  his  office  each  member  of  said  board  of  trus- 
tees shall  take  and  subscribe  an  oath  as  follows:  '"I 
do  solemnly  swear  that  I  will  support  the  constitution 


Compensation. 


182 


GENERAL  SCHOOL  LAWS 


Bond. 


of  the  United  States  and  the  constitution  of  the  state 
of  North  Dakota  and  will  faithfully  discharge  the 
duties  of  board  of  trustees  of  the  state  industrial 
school  according  to  the  best  of  my  ability ;  that  I  have 
not  received  and  will  not  knowingly  and  intentionally, 
directly  or  indirectly  receive  any  money  or  other  con- 
sideration from  any  source  whatever  for  any  vote  or 
influence  I  may  give  or  withhold  or  for  any  other  offi- 
cial act  I  may  perform  as  such  trustees,  except  as 
herein  provided."  He  shall  also  execute  a  bond  in 
the  penal  sum  of  three  thousand  dollars,  for  the  use 
and  benefit  of  the  state  of  North  Dakota,  with  two  or 
more  good  and  sufficient  sureties  to  be  approved  by 
the  governor,  and  be  filed  with  the  secretary  of  state, 
conditioned  upon  the  faithful  performance  of  his  du- 
ties and  the  honest  and  faithful  disbursement  of  and 
accounting  for  all  moneys  which  may  come  into  his 
hands  under  the  provision  of  this  article.  The  mem- 
bers of  said  board  having  taken  the  foregoing  oath 
and  executed  the  bond  as  aforesaid  are  hereby  em- 
powered and  required  to  cause  to  be  prepared  suitable 
plans  and  specifications  by  a  competent  architect.  Such 
plans  shall  contemplate  the  erection  of  a  building  or 
buildings  which  will  accommodate  not  less  than  one 
hundred  nor  more  than  five  hundred  students,  and 
shall  be  accompanied  by  specifications '  and  by  a  de- 
tailed estimate  of  the  amount  required  and  description 
of  all  material  and  labor  required  for  the  erection  and 
full  completion  of  the  building  or  buildings;  and  no 
plan  shall  be  adopted  that  contemplates  the  expendi- 
ture of  more  money  for  its  completion  than  the 
amount  reasonably  necessary  to  carry  out  the  object 
of  said  institution. 


Plans   and 
specifications 
for    building. 


Architect    to 

superintend 

construction. 


Proposals   for 
building. 


Sec!  1177.  SUPERINTENDENT  OF  CON- 
STRUCTION. PROPOSALS  FOR  BUILDING. 
— The  said  board  of  trustees  shall  employ  the  architect 
whose  plans  and  specifications  are  accepted  to  act  as 
superintendent  of  construction,  who  shall  receive  for 
such  plans  and  specifications  and  for  superintending 
construction  such  pay  as  the  board  by  agreement  may 
determine;  which  pay  shall  not  exceed  an  amount 
equal  to  five  per  cent  of  the  estimated  cost  of  said 
building.  Whenever  the  said  plans  and  specifications 
shall  have  been  approved  and  adopted  by  a  majority  of 
the  board  of  trustees  they  shall  cause  to  be  inserted  in 
at  least  two  of  the  daily  newspapers  published  in  the 


STATE   OF   NORTH   DAKOTA 


183 


Where   to   be 
erected. 


Who    not  to  be 
.interested    in 
contracts. 


Penalty. 


state  of  North  Dakota,  and  having  a  general  circula- 
tion therein  an  advertisement  for  sealed  bids  for  the 
construction  of  the  buildings  herein  authorized,  and 
they  shall  furnish  a  printed  copy  of  this  article,  and 
a  copy  of  the  plans  and  specifications  to  any  person 
or  persons  applying  therefor;  provided,  said  trustees 
may  advertise  as  aforesaid  whenever  there  shall  be  a 
sufficient  amount  of  money  to  the  credit  of  said  in- 
dustrial school  with  which  to  construct  all  or  any  part 
thereof  deemed  expedient  by  said  trustees  to  erect  or 
construct;  provided,  further,  that  said  building  or 
buildings  shall  be  erected  on  the  piece  or  parcel  of 
land  at  or  near  the  city  of  Ellendale,  in  Dickey  county, 
donated  by  the  citizens  of  said  city,  and  now  held  in 
fee  simple  by  the  state  of  North  Dakota.  No  trus- 
tees or  officers  of  said  industrial  school  shall  be  in  any 
way  interested  in  any  contract  for  the  erection  of  said 
building  or  buildings  or  furnishing  any  material  for 
said  buildings,  and  if  any  such  officer  be  so  interested 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  be  fined  in  any  sum  not  exceeding  five 
thousand  dollars. 

jSec.  1178.  TREASURER  TO  KEEP  FUNDS. 
ACCOUNTS,  HOW  AUDITED.— All  moneys  that 
may  accrue  from  the  interest  and  income  derived  from 
the  renting  and  sale  of  lands  hereinbefore  appropriat- 
ed and  all  moneys  that  may  hereafter  be  appropriated 
by  the  legislative  assembly  of  North  Dakota  including 
all  moneys  raised  in  any  other  manner  for  said  school 
shall  be  deposited  with  the  state  treasurer,  to  be  by 
him  kept  in  a  separate  fund,  which  shall  be  known 
as  the  state  industrial  school  fund ;  and  such  funds 
shall  be  used  exclusively  for  the  benefit  of  said  school 
as  may  be  herein  or  hereafter  provided.  The  board 
of  trustees  of  the  state  industrial  school  shall  audit  all 
accounts  against  the  funds  appropriated  by  the  legis- 
lative assembly  of  the  state  of  North  Dakota,  or  held 
by  the  state  for  the  use  of  the  state  industrial  school, 
and  the  state  auditor  shall  issue  his  warrant  upon  the 
state  treasurer  for  the  amount  of  all  accounts  which 
have  been  so  audited  and  allowed  by  the  board  of  trus- 
tees and  attested  by  the  president  and  secretary  of  said 
board.  The  board  of  trustees  of  the  state  industrial 
school  shall  direct  the  disposition  of  all  moneys  ap- 
propriated, or  that  may  hereafter  be  appropriated  by 
the  legislative  assembly  of  the  state  of  North  Dakota, 
or  may  hereafter  accumulate  in  any  manner  in  the 


State  treas- 
urer custodian 
of  funds. 


How  kept. 


Audit   of   ac- 
counts. 


Disposition     of 
funds — how 
directed. 


184 


GENERAL  SCHOOL  LAWS 


Gifts,    dona- 
tions, etc. 


Instructional 
force. 


state  industrial  school  fund.  The  board  shall  have 
the  power  to  receive  all  donations,  gifts  and  bequests 
that  may  be  offered  or  tendered  to  or  for  the  benefit 
of  such  school,  and  dispose  of  the  same.  All  moneys 
coming  into  the  hands  of  such  board  shall  be  immedi- 
ately covered  into  the  state  treasury  to  the  credit  of 
the  state  industrial  school ,  fund. 

Sec.  1179.  '  FACULTY.— The  board  of  trustees 
shall  have  power  to  employ  a  president  and  necessary 
teachers,  instructors  and  assistants  to  conduct  such 
school,  and  to  prescribe  their  respective  duties  and  to 
fix  the  salaries  of  such  employes.  They  shall  have 
power  to  remove  the  president,  instructors  and  assist- 
ants and  to  fill  all  vacancies.  The  faculty  shall  con- 
sist of  the  president,  teachers  and  instructors,  and  it 
shall  pass  all  needful  rules  and  regulations  for  the 
government  and  discipline  of  the  school  and  all  such 
rules  and  regulations  as  are  necessary  for  the  preser- 
vation of  morals,  decorum  and  health. 

Sec.  1180.  REPORTS.— The  faculty  shall  make 
an  annual  report  to  the  board  of  trustees  on  or  before 
the  first  Monday  of  November  of  each  year,  showing 
the  condition  of  the  school  and  containing  such  rec- 
ommendations as  the  welfare  of  the  institution  shall 
demand.  The  board  of  trustees  shall  make  a  report 
to  the  governor  on  or  before  the  fifteenth  day  of  No- 
vember next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  the  several  reports  of 
the  faculty  herein  provided  for,  and  showing  the  con- 
dition of  the  funds  appropriated  for  the  school,  the 
money  expended  and  the  purpose  for  which  the  same 
was  expended  in  detail,  and  showing  the  number  of 
students  in  attendance,  the  work  accomplished  by 
them,  and  the  condition  of  the  school  in  general. 


Faculty, 
powers. 


Reports ,    when 
by   and  to 
whom. 


Military    in- 
struction. 


MILITARY  INSTRUCTION  REQUIRED  AT  NORMAL 
INDUSTRIAL  SCHOOL. 


AND 


(Chapter  167  Session  Laws  of  ipop.) 

Sec.  1.  MILITARY  INSTRUCTION  RE- 
QUIRED.— The  state  normal-industrial  school  is  au- 
thorized and  required  to  give  theoretical  and  practical 
instruction  in  military  science  under  such  rules  and 
regulations  as  the  faculty  of  said  institution  may  pre- 
scribe. 


STATE   OF   NORTH   DAKOTA 


185 


Muskets  loaned. 


Appropriation. 


Sec.  2.  INSPECTION  BY  ADJUTANT  GEN- 
ERAL. —  Such  company  or  companies  as  may  be  or- 
ganized and  drilled  at  said  institution  shall  be  subject  inspect; 
to  regular  inspection  by  the  adjutant  general  of  the 
state  of  North  Dakota,  or  by  an  officer  detailed  for 
that  purpose. 

;Sec.  3.  MUSKETS  TO  BE  LOANED.—  The 
adjutant  general  is  hereby  authorized  to  loan  to  said 
state  normal-industrial  school  fifty  muskets  and  ac- 
coutrements, or  such  part  thereof  as  may  be  available, 
for  efficiently  organizing  and  drilling  said  company 
or  companies,  the  adjutant  general  to  prescribe  the 
terms  upon  which  such  loan  may  be  made. 

Sec.  4.  APPROPRIATION.—  There  is  hereby 
appropriated  out  of  the  state  treasury  for  said  state 
normal-industrial  school  from  any  moneys  not  other- 
wise appropriated,  the  sum  of  one  hundred  fifty  dol- 
lars annually  for  the  purchase  of  such  stores  as  may 
be  necessary  for  target  practice. 

ARTICLE  13.  —  SCHOOL  OF  FORESTRY. 

Sec.  1231.  SCHOOL  OF  FORESTRY.  LO-  School  of  For- 
GATED.—  A  state  school  of  forestry,  to  be  known  as 
the  North  Dakota  school  of  forestry,  is  located  at  Bot- 
tineau,  in  the  county  of  Bottineau,  state  of  North 
Dakota,  by  virtue  of  the  vote  taken  thereon  according 
to  law.  The  object  of  the  school  of  forestry  shall  be 
to  furnish  the  instruction  and  training  contemplated 
in  an  agricultural  high  school,  emphasizing  those  sub- 
jects that  have  a  direct  bearing  on  forestry  and  horti- 
culture. (See  Const.  Sec.  216,  Sub.  4.) 

Sec.  1232.  MANAGEMENT.—  The  said  school 
shall  be  under  the  direction  of  a  board  of  directors,  DirectorSi 
and  shall  be  governed  and  supported  as  hereinafter 
provided.  The  board  of  directors  shall  consist  of 
three  members,  to  be  appointed  by  the  governor  with 
the  consent  and  advice  of  the  senate,  two  of  whom 
shall  be  appointed  for  the  term  of  two  years  and  one  . 

__-  .      J  ,  ,       Appointment 

for  a  term  of  four  years.  Thereafter  and  at  each 
biennial  session  of  the  legislative  assembly,  and  on  or 
before  the  third  Monday  in  February  during  each 
session,  there  shall  be  nominated  by  the  governor,  and 
by  and  with  the  advice  and  consent  of  the  senate,  ap- 
pointed for  the  term  of  four  years,  commencing  on 
the  first  Tuesday  in  April  following  such  appointment, 
directors  to  fill  vacancies  occurring  by  the  expiration 


°f 


Location. 


term. 


186 


GENERAL  SCHOOL  LAWS 


of  the  term  of  office  of  those  previously  appointed. 
The  governor  shall  have  power  to  fill  all  vacancies  in 
said  board  which  may  occur  when  the  legislative  as- 
Vacandes.  sembly  is  not  in   session,   and  the  members   of   said 

board  shall  hold  office  until  their  successors  are  ap- 
pointed and  qualified  as  provided  by  this  article ;  pro- 
vided, further,  that  in  all  cases  where  the  governor 
has  made  an  appointment  to  fill  a  vacancy  when  the 
legislative  assembly  is  not  in  session  the  term  of  office 
of  the  director  or  directors  so  appointed  shall  expire 
on  the  first  Tuesday  in  April  following  the  next  ses- 
sion of  the  legislative  assembly. 

Sec.  1233.  COMMISSION.  OATH.  ORGAN- 
IZATION.—The  governor  shall  cause  to  be  issued  to 
each  of  said  directors  a  commission  which  shall  be 
under  the  seal  of  the  state.  At  the  first  meeting  of 
said  board  the  members  thereof  shall  take  and  sub- 
scribe the  oath  of  office  required  of  all  civil  officers  of 
the  state,  and  shall  then  proceed  to  elect  a  president, 
secretary  and  treasurer,  but  the  treasurer  shall  not  be 
a  member  of  said  board  of  directors.  A  majority  of 
said  board  shall  be  a  quorum  for  the  transaction  of 
business.  The  board  shall  require  a  bond  of  its 
treasurer,  and  fix  the  amount  thereof.  (See  Appen- 
dix D. — Note  32.) 

Sec.  1234.  MEETINGS.  COMPENSATION.— 
The  board  of  directors  shall  hold  its  meetings  at 
Bottineau  and  fix  the  time  of  holding  the  same;  pro- 
vided, there  shall  not  exceed  three  regular  meetings  in 
each  year.  The  members  shall  receive  as  compensa- 
tion for  their  services  three  dollars  per  day  for  each 
day  employed,  and  all  traveling  expenses  necessarily 
incurred  therein,  which  sum  shall  be  paid  out  of  the 
state  treasury  upon  vouchers  of  said  board  duly  certi- 
fied by  the  president  and  secretary  thereof,  which  sum 
is  hereby  appropriated  therefor.  The  president  of 
said  board  shall  have  power  to  call  special  meetings 
whenever  in  his  judgment  1't  becomes  necessary. 

Sec.  1235.  ACCOUNTS,  HOW  AUDITED.— 
The  board  shall  audit  all  accounts  against  the  funds 
appropriated  by  the  legislative  assembly  of  the  state  of 
North  Dakota,  or  held  by  the  state  for  the  use  of  the 
school  of  forestry,  and  the  state  auditor  shall  issue 
his  warrants  upon  the  state  treasurer  for  the  amount 
of  all  accounts  which  shall  have  been  so  audited  and 


Oath. 


Organization. 


Quorum. 


Meetings — 
when,    where, 
number. 


Compensation. 


Special    meet- 
ings. 


Audit   of    ac- 
counts. 


STATE  OF  NORTH   DAKOTA 


187 


Report    of 
directors. 


Reform  school 
— continuation 
and  use. 


allowed  by  the  board  of  directors  and  attested  by  the 
president  and  secretary  of  the  same. 

Sec.  1236.  REPORT.— The  board  of  directors 
shall  make  a  report  to  the  governor  on  or  before  the 
first  Monday  in  December  next  preceding  each  bien- 
nial session  of  the  legislative  assembly,  to  be  pub- 
lished in  the  biennial  report  of  the  superintendent  of 
public  instruction,  in  addition  to  the  other  publication 
as  provided  by  law. 

STATE  REFORM  SCHOOL. 

Sec.  10325.  STATE  REFORM  SCHOOL  AT 
MANDAN.  CONTINUATION  AND  USE.— 
The  state  reform  school  located  at  Mandan,  in  the 
county  of  Morton,  shall  continue  to  be  the  general  re- 
form and  industrial  school  of  the  state  for  the  deten- 
tion, instruction  and  reformation  of  such  juvenile 
offenders  against  the  laws  and  good  order  thereof,  of 
both  sexes  under  the  age  of  eighteen  years,  as  may  be 
committed  to  it  according  to  law  for  detention,  in- 
struction and  discipline  therein. 

ARTICLE  1. — BOARD  OF  UNIVERSITY  AND  SCHOOL 
LANDS. 

Sec.  152.  BOARD,  HOW  CONSTITUTED.— 
The  governor,  secretary  of  state,  state  auditor,  attor- 
ney general  and  superintendent  of  public  instruction 
shall  constitute  the  board  of  university  and  school 
lands.  The  governor  shall  be  president;  the  secre- 
tary of  state,  vice  president,  and  the  superintendent 
of  public  instruction  secretary  thereof.  In  the  ab- 
sence of  the  superintendent  of  public  instruction  at 
any  meeting  of  the  board,  the  deputy  superintendent 
of  public  instruction  shall  act  as  secretary,  but  shall 
not  be  entitled  to  a  vote.  Such  board,  when  acting 
as  such,  must  act  personally;  no  member  can  be  rep- 
resented on  such  board  by  an  assistant  or  clerk. 

Sec.  153.  BOARD,  POWERS  OF.— Subject  to 
the  provisions  of  article  9  of  the  constitution  and  the 
provisions  of  this  article,  such  board  shall  have  the 
full  control  of  the  selecting,  appraisement,  rental,  sale, 
disposal  and  management  of  all  school  and  public 
lands  of  the  state,  including  the  real  property  donated 
to  the  territory  of  Dakota  under  the  provisions  of 
chapter  104  of  the  laws  of  1883,  except  such  as  has 
been  sold,  and  the  investment  of  the  permanent  funds 


Of  whom  com- 
posed—    officers 
must  act  per- 
sonally. 


Shall    have    full 
control  of 
school   and 
public    lands. 


Appoint   agent. 


188 


GENERAL  SCHOOL  LAWS 


Title  and  < 
ifications  oi 
agent. 


ual- 


Meetings  and 
quorum. 


derived  from  the  sale  thereof,  or  from  any  other 
source,  and  shall  have  power  to  appoint  a  competent 
person  to  act  as  the  general  agent  of  the  board  in  the 
performance  of  all  its  duties  pertaining  to  the  selec- 
tion, sale,  leasing  or  contracting  in  any  manner  al- 
lowed by  law,  and  the  general  control  and  manage- 
ment of  all  matters  relating  to  the  care  and  disposition 
of  the  public  lands  of  the  state,  all  of  whose  official 
acts  shall  be  subject  to  the  approval  and  supervision 
of  the  board.  The  title  of  such  agent  shall  be  com- 
missioner of  university  and  school  lands,  and  before 
entering  upon  his  duties  as  such  he  shall  take  the  oath 
prescribed  for  civil  officers  and  give  a  bond  in  the 
penal  sum  of  ten  thousand  dollars,  with  not  less  than 
two  sureties,  to  be  approved  by  the  board,  and  record- 
ed in  the  office  of  the  secretary  of  state  and  filed,  when 
recorded,  in  the  office  of  the  state  treasurer. 

Sec.  154.  MEETINGS  OF  BOARD.— Such 
board  shall  meet  at  the  office  of  the  commissioner  on 
the  last  Thursday  of  each  month,  at  ten  o'clock  in  the 
forenoon.  Special  meetings  of  the  board  may  be 
held  at  any  time  at  the  written  call  of  the  president  or 
any  two  members  of  the  board.  Any  three  members 
of  the  board  shall  constitute  a  quorum. 

Sec.  155.  BOARD  INVESTS  FUNDS.  COM- 
PENSATION OF  BOARD.  CONDITIONS  OF 
LOANS. — Said  board  shall  have  power,  and  it  is 
made  its  duty  from  time  to  time  to  invest  any  money 
belonging  to  the  permanent  funds  of  the  common 
schools,  university,  school  of  mines,  reform  school, 
agricultural  college,  and  the  school  for  the  deaf  and 
dumb,  normal  schools  and  all  other  permanent  funds 
derived  from  the  sale  of  public  lands  or  from  any 
other  source,  in  bonds  of  school  corporations  or  of 
counties,  or  of  townships,  or  of  municipalities  within 
the  state,  bonds  issued  for  the  construction  of  drains 
under  the  authority  of  law  within  the  state,  bonds  of 
the  United  States,  bonds  of  the  sta^e  of  North  Dakota, 
bonds  of  other  states ;  provided,  such  states  have  nev- 
er repudiated  any  of  their  indebtedness,  or  in  first 
mortgages  on  farm  lands  in  this  state,  not  exceeding 
i'n  amount  one-third  of  the  actual  value  of  any  sub- 
division on  which  the  same  may  be  loaned,  such  value 
to  be  determined  by  the  board  of  appraisal  of  school 
lands;  provided,  at  least  one-third  of  the  whole 
amount  of  the  several  permanent  funds  aforesaid,  as 


Board  invests 
funds. 


STATE  OF  NORTH   DAKOTA 


189 


Condition 
of  loans. 


computed  by  the  commissioner  of  university  and 
school  lands  at  the  end  of  each  fiscal  year,  shall  be 
invested  in  first  mortgages  on  cultivated  farm  lands  Compensation 
in  this  state,  if  there  is  a  sufficient  demand  for  invest-  of  board- 
ment  in  such  loans;  provided,  further,  that  for  said 
services  as  such  board  of  appraisal,  the  county  audi- 
tor and  county  superintendent  of  schools  shall  receive 
only  their  necessary  traveling  expenses,  but  that  the 
chairman  of  the  board  of  county  commissioners  shall 
be  entitled  to  the  same  mileage  and  per  diem  as  when 
serving  on  the  board  of  county  commissioners.  The 
first  mortgages  on  farm  lands  in  this  state  shall  be 
made  only  in  the  manner  following,  to- wit: 

1.  The  first  mortgages  on  farm  lands  and  each  of 
them,  shall  run  for  a  period  of  time  not  to  exceed 
twelve  years,  and  the  funds  so  invested  shall  bear  in- 
terest at  the  rate  of  five  per  cent  per  annum,  payable 
annually  to  the  county  treasurer  of  the     county     in 
which  such  lands  are  located.      For  the  first  five  years 
payments  shall  consist  only  of  interest,  paid  annually 
and    commencing    with    the    sixth    year    the    inter- 
est    shall    be     paid  annually  as     above     stated,    and 
the     borrower     shall     have     his  option     of     paying 
ten     per     cent     or     any     multiple     thereof     of     the 
principal  at  any  interest  bearing  date,  and  the  interest 
when  paid  shall  be  covered  into  and  become  a  part  of 
the  interest  and  income  fund. 

2.  First  mortgage  loans  shall  only  be  made  upon 
cultivated  lands  within  the  state,  and  to  persons  who' 
are  actual  residents  thereof,  and  in  no  case  on  lands 
of  which  the  appraised  value  is  less  than  ten  dollars 
per  acre,  and  in  sums  not  more  than  five  thousand 
dollars,  to  any  person,  firm  or  corporation. 

3.  Any  or  all  of  said  mortgages  may  be  satisfied  at 
any  time  after  three  years  from  the  date  when  made 
on  payment  of  the  whole  amount  due  thereon ;  pro- 
vided, if  the  loan  is  sought  to  be  paid  off  in  full  pre- 
vious to  the  time  specified  for  payment  in  the  con- 
tract, then  the  party  so  paying  said  loan  shall  pay  in 
addition  to  the  principal  and  interest  then  due  on  such 
loan  the  interest  on  the  principal  for  six  months  in 
advance  of  date  of  such  payment.       All  proceedings 
in  regard  to  investments  in  first  mortgages  as  provid- 
ed in  this  chapter  shall  conform  to  and  be  governed 
by  the  laws  of  the  state  of  North  Dakota  in  such  case 
made  and  provided.       Said  board  of  university  and 
school  lands  shall  not  purchase  or  approve  the  pur- 


190 


GENERAL  SCHOOL  LAWS 


chase  of  any  bonds  or  mortgages  except  at  a  legal 
session  thereof,  nor  unless  every  member  of  the  board 
is  notified  by  the  secretary  of  said  board  in  time  to  be 
present  at  such  meeting,  and  notified  also  that  the 
question  of  purchasing  or  acting  on  a  proposition  for 
the  purchase  of  certain  bonds  or  mortgages  is  to  be 
considered  at  the  meeting,  nor  unless  a  majority  of 
all  the  members  vote  in  favor  of  such  purchase,  and 
the  vote  on  the  purchase  of  every  bond  and  mortgage 
shall  be  taken  by  the  yeas  and  nays  and  shall  be  duly 
recorded  in  the  books  of  the  board. 

Sec.  2.  SATISFACTION  OF  MORTGAGE 
LOANS  ON  REAL  ESTATE.— The  governor  and 
superintendent  of  public  instruction,  who  are  re- 
of  spectively  the  chairman  and  secretary  of  the  board  of 
university  and  school  lands,  are  hereby  empowered 
and  required  to  jointly  satisfy  real  estate  mortgages 
given  to  the  board  of  university  and  school  lands 
whenever  the  loans  secured  by  such  mortgages  shall 
have  been  fully  paid,  as  attested  by  the  records  in  the 
office  of  the  state  treasurer. 

Sec.  3.  REPEAL.— All  acts  or  parts  of  acts  in 
conflict  with  this  act  are  hereby  repealed. 

Sec.  156.  RECORDS  TO  BE  KEPT  BY  SEC- 
RETARY.— The  secretary  shall  enter  in  a  suitable 
book  kept  for  that  purpose  a  full  and  correct  record 
of  all  the  proceedings  of  said  board  at  each  session 
thereof,  which  record  when  approved  shall  be  signed 
by  the  president  or  presiding  officer  of  the  meeting 
and  the  secretary. 

Sec.  157.  TREASURER  CUSTODIAN  OF 
FUNDS. — All  moneys  belonging  to  the  permanent 
funds  of  the  common  school  and  other  public  institu- 
tions derived  from  the  sale  of  any  of  the  public  lands 
or  from  any  other  source  shall  be  paid  to  and  held  by 
the  state  treasurer  and  be  subject  to  the  order  of  such 
board,  and  shall  be  paid  over  to  order  of  the  board 
for  investment  as  provided  in  section  155  of  this  ar- 
ticle, whenever  the  board  requires  the  same  for  such 
investment.  The  state  treasurer  shall  also  be  the  cus- 

Also  be  custo-  «••«*• 

dian  of  securi-  todian  of  all  bonds,  notes,  mortgages  and  evidences  of 
debt  arising  out  of  the  management  of  the  permanent 
funds  derived  from  the  sale  of  any  of  the  public  lands 
of  the  state  or  from  any  other  source. 


Records. 


Funds  to  be 
held  by  state 
treasurer. 


STATE   OF   NORTH   DAKOTA 


191 


counts    attor- 
ney general  to 
collect —   when. 


Sec.  158.  INVESTMENTS.  HOW  UNPAID 
MONEYS  TO  BE  COLLECTED.— It  shall  be  the 
duty  of  the  state  treasurer,  from  time  to  time  as  the 
same  become  due,  to  collect  all  moneys  due  and  owing  Treasurer  to 
on  any  and  all  of  the  securities  held  by  him  for  in-  c£^ci  moneys 
vestment  or  for  permanent  funds,  arid  from  time  to 
time,  whenever  required  by  the  board,  to  make  report 
of  the  amount  of  such  collections  to  the  board,  and  a 
duplicate  of  the  same  to  the  state  auditor.  If  any 
such  moneys  shall  remain  unpaid  for  thirty  days  af- 
ter the  same  shall  become,  due  and  payable,  he  shall 
make  report  in  detail  of  all  such  unpaid  amounts  to 
the  board  who  shall  place  the  matter  in  the  hands  of  Past  due  ac' 
the  attorney  general-  for  collection  whenever  they 
shall  deem  it  for  the  best  interests  of  the  state  so  to 
do,  whose  duty  it  shall  be  to  proceed  to  collect  the 
same  by  civil  action,  to  be  brought  and  prosecuted  in 
the  name  of  the  state. 

Sec.  159.  FORECLOSURE.  ASSIGNMENTS. 
—Mortgage  loans  made  under  the  provisions  of  this 
chapter  may  be  foreclosed  either  by  action  or  adver- 
tisement, in  the  same  manner  and  upon  the  same  no- 
tice as  required  in  other  real  estate  foreclosures. 
When  foreclosure  is  made  by  action  said  action  shall 
be  brought  and  prosecuted  in  the  name  of  the  state ; 
provided,  further,  that  the  board  of  university  and 
school  lands  may,  and  it  is  hereby  authorized  and  em- 
powered to  assign  any  or  all  of  said  mortgages,  when- 
ever in  the  judgment  of  said  board  it  will  be  for  the 
best  interests  of  the  state  so  to  do ;  provided,  how- 
ever, that  said  board  shall  not  accept  as  a  considera- 
tion for  said  assignment  any  amount  less  than  the  Assignments 
principal  and  interest  due  upon  said  mortgage  or 
mortgages.  Such  assignments  when  made  shall  be 
executed  by  the  governor  and  attested  by  the  secre- 
tary of  state  with  the  great  seal  of  the  state  of  North 
Dakota  attached. 

Sec.   160.       MANNER  OF   INVESTING  PER- 
MANENT FUNDS.— In  the  investment  of  perman- 
ent funds  under  its  control  such  board  shall  author- 
ize the  state  auditor  to  draw  his  warrant  on  the  state   Permanent 
treasurer,   payable   out   of  the   proper    fund,   for   the   in?esSted.°w 
purchase  of  the  bonds  or  mortgages,  which  warrant 
previous  to  delivery,  shall  be  registered  by  the  state 
treasurer  in  a  book  provided  for  that  purpose. 


•Foreclosures. 


192 


GENERAL  SCHOOL  LAWS 


mentof. 


interest—  a  - 
P 


Commissioner 
— term  of  office. 


Vacancy. 


Sec.  161.  INCIDENTAL  EXPENSES  OF 
BOARD,  HOW  PAID.— The  necessary  incidental 
expenses  of  the  board  shall  be  paid  out  of  the  st^te 
treasury,  and  upon  satisfactory  vouchers  therefor  the 
state  auditor  shall  issue  his  warrant  for  the  same. 

Sec.  162.  APPROPRIATION  FOR  INTEREST. 
— There  is  hereby  annually  appropriated  such  sums  as 
shall  be  found  necessary  for  the  expenses  of  purchase, 
propriation  *"  for.  and  payment  of  accrued  interest  at  the  time  of  the 
purchase,  of  investment  bonds  or  mortgages  for  the 
permanent  funds  under  the  control  of  said  board,  pay- 
able from  the  respective  fund  for  which  said  pur- 
chase is  made. 

Sec.  163.  TERM  OF  OFFICE  OF  COMMIS- 
SIONER.—The  first  term  of  office  of  the  commis- 
sioner provided  for  in  this  article  shall  be  for  three 
years  from  the  date  of  his  appointment  and  until  his 
successor  is  appointed  and  qualified,  and  after  the  ex- 
piration of  the  first  term,  all  succeeding  terms  shall  be 
two  years,  and  until  his  successor  is  appointed  and 
qualified,  subject  to  removal  by  the  board.  In  case 
of  vacancy  by  death,  removal,  resignation  or  any  other 
cause,  the  board  shall  fill  the  same  by  appointment. 

Sec.   164.       SALARY  OF  COMMISSIONER.— 
Compensation.     The  commissioner  shall  receive  an  annual  salary  of 
one  thousand  eight  hundred  dollars. 

Sec.  165.  DEPUTY  COMMISSIONER.— By 
and  with  the  consent  of  the  board,  the  commissioner 
may  appoint  a  chief  clerk,  who  before  entering  upon 
any  of  the  duties  devolving  upon  him  by  said  appoint- 
ment shall  take  and  subscribe  the  oath  of  office  re- 
quired by  law  and  shall  execute  to  the  state  a  bond 
with  one  or  more  sureties  in  the  penal  sum  of  five 
thousand  dollars  conditioned  for  the  faithful  dis- 
charge of  his  duties. 

ARTICLE  2. — LAND  COMMISSIONER. 

Sec.  166.       DUTIES.— The  commissioner,     under 
such  directions  as  may  be  given  by  the  board  of  uni- 
versity and  school  lands,  shall  have  general  charge 
Powers  and        an^  supervision  of  all  lands  belonging  to  the  state,  of 
duties  of  com-    all  lands  in  which  the  state  has  an  interest  or  which 
are  held  in  trust  by  the  state.      He  shall  have  the  cus- 
tody of  all  maps,  books  and  papers  relating  to  any  of 
the  public  lands  mentioned  in  this  article.       He  shall 


Deputy. 


STATE  OF  NORTH   DAKOTA 


193 


Records 


procure  the  proper  books,  maps  and  plats  in  which  to 

keep  a  complete  record  of  all  lands  owned  or  held  in 

trust  by  the  state  for  schools,  public  buildings  and  for 

all  other  purposes,  and  shall  keep  true  record  of  all 

the  sales,  leases,  permits,  patents,  deeds  and     other 

conveyances  of  such  lands  made  by  the  state,  amount 

of  money  paid,  date  of  sale  and  payment,  description 

of  land  sold  or  leased,  number  of  acres  thereof,  name 

of  purchaser  and  designation  of  the  fund  that  should 

be  credited  therewith.       He  shall  direct  all  appraise- 

ments, sales,  leases  ;  shall  execute  all  contracts  of  sale, 

leases,  permits  or  other  evidences  of  disposal  of  the 

lands  subject  to  approval  by  the  board.  Upon  all  con- 

tracts, leases  or  permits  issued  by  the  commissioner 

he  shall  certify  the  book  and  page  where  the  same  is 

recorded.       He  shall  have  an  official  seal  with  a  pro-    geal 

per  device  thereon  ;  and  the  seal  of  the  commissioner 

affixed  to  any  contract  of  purchase,  receipt  or  other 

instruments  issued  by  him,  duly  countersigned  by  him 

as  approved  by  the  board,  according  to  the  provisions 

of  this  article,  is  prima  facie  evidence  of  the  due  exe- 

cution of  such  contract  or  other  paper.      He  shall  bi- 

ennially report  to  the  legislative  assembly  through  the 

board  his  work  during  the  preceding  term,  showing 

the  quantity  of  lands  sold  or  leased  and  the  amount 

received  therefor,  the  amount  of  interest  moneys  re-    Report. 

ceived  to  the  credit  of  the  several  funds,  expense  of 

administration  of  his  department,  and  all  such  other 

matters  relating  to  his  office  as  shall  be  necessary.      It 

shall  also  be  the  duty  of  the  land  commissioner  to  re- 

ceive and  present  to  the     board  of     university  and 

school  lands  all  offers  for  sale  of  bonds.       He  shall 

also  prepare  all  bonds  in  connection  with  the  invest- 

ment of  the  permanent  school  fund.       He  shall  keep 

such  books  as  may  be  necessary  to  register  and  de- 

scribe all  bonds  and  mortgages  purchased  or  taken 

by  the  board  of  university  and  school  lands  for  the 

benefit  of  any  of  the  permanent  funds  under  its  con- 

trol.    Such  books  shall  be  ruled  so  as  to  permit  the    Bond  r€COr(js. 

registry  of  the  name  and  residence  of     the  person 

offering  to  sell  any  such  bonds  or  mortgages,  the  dis- 

trict for  which  such  offer  is  made,  a  description  of  the 

property  covered  by  the  mortgage,  and  a   full  and 

detailed   description  of  every  bond,  whether  United 

States,  state  or  school  district,  and  the  date,  number, 

series,  amount  and  rate  of  interest  to  each  bond  and 

when  the  interest  and  principal  respectively,  are  pay- 


—13— 


194 


GENERAL  SCHOOL  LAWS 


Quarterly 
statement   of 
funds. 


Records  pub- 
lic. 


able;  and  such  record  shall  be  made  of  every  such 
bond  and  mortgage  before  the  board  shall  act  upon 
the  question  of  purchasing  the  same.  He  shall  also 
keep  in  suitable  books  a  record  showing  a  detailed 
quarterly  statement  of  the  condition  of  all  the  perman- 
ent funds  under  control  of  said  board,  the  amount  of 
each  fund,  how  invested,  when  due,  interest  paid  and 
any  other  act  in  any  manner  connected  with  the  man- 
agement of  said  funds,  and  shall  biennially  report  all 
such  investments  to  the  governor  to  be  laid  before 
the  legislative  assembly.  All  such  records  and  record 
books  shall  at  all  times  be  open  for  inspection  by  the 
public. 

ARTICLE  3. — APPRAISEMENT  AND   SALE     OF  SCHOOL 
LANDS. 

Sec.  167.  COUNTY  BOARD  OF  APPRAISAL, 
DUTIES  OF.— The  county  superintendent  of 
schools,  the  chairman  of  the  board  of  county  commis- 
sioners and  the  county  auditor  of  each  county  shall 
constitute  the  "County  Board  of  Appraisers"  of  the 
public  lands  of  the  state  in  and  for  their  county.  The 
county  board  of  appraisal  in  each  county  shall  upon 
the  request  of  the  board  of  university  and  school 
lands,  designate  on  or  before  such  date  as  it  may 
specify,  the  public  lands  of  the  state  in  their  county, 
that  in  its  judgment  can  be  sold  for  ten  dollars  an  acre 
or  upwards  on  the  terms  prescribed  in  this  article, 
designating  the  tracts  separately  and  giving  an  ap- 
proximate estimate  of  their  selling  value.  Thereupon 
the  commissioner  shall,  if  so  ordered  by  the  board  of 
university  and  school  lands,  prepare  a  list  and  order 
an  appraisal  of  such  lands  as  shall  be  designated  in 
such  list,  and  it  is  made  the  duty  of  such  board  of  ap- 
praisers within  ten  days  after  the  receipt  of  such  list 
to  examine  such  lands  and  appraise  them  at  their  cash 
value,  as  nearly  as  can  be  determined,  describing  each 
tract  or  subdivision  in  parcels  not  greater  than  one 
hundred  and  sixty  acres,  more  or  less,  according  to 
the  government  survey,  and  in  smaller  subdivisions 
thereof  if  so  listed  by  the  commissioners,  and  set  op- 
posite each  described  tract  or  parcel  of  land  the  ap- 
praised value  per  acre  thereof;  and  when  such  ap- 
praisal is  completed,  which  shall  not  be  later  than  thir- 
ty days  after  the  receipt  of  the  order  directing  it,  the 
county  board  of  appraisers,  or  the  members  of  the 
same  who  made  such  appraisement,  shall  certify  to  its 


County   board 
of  appraisers. 


Duty. 


Appraisal    of 
lands. 


STATE   OF   NORTH   DAKOTA 


195 


correctness,  and  make  duplicate  copies  thereof,  one  of 
which  shall  be  forwarded  immediately  to  the  board  of 
university  and  school  lands,  and  the  other  filed  in  the 
office  of  the  county  auditor  for  reference.  And  in 
addition  to  the  appraisal  of  such  lands  the  county  board 
of  appraisal  shall  furnish  such  other  information  re- 
garding the  lands  as  may  be  required  by  the  commis-1 
sioner  in  the  manner  and  form  prescribed  by  him. 
The  report  of  such  appraisal  shall  be  verified  by  each 
of  such  appraisers,  and  shall  disclose  any  interest, 
real  or  contingent,  that  any  of  such  appraisers  has 
in  any  of  the  lands  or  improvements  so  appraised. 
Any  appraiser  who  wilfully  makes  any  false  state- 
ment in  such  report,  relative  to  such  interest  in  any 
of  the  lands  so  appraised  or  improvements  thereon, 
shall  be  deemed  guilty  of  a  misdemeanor.  For  all 
services  performed  under  the  requirements  of  this 
article  the  appraisers  shall  be  paid  at  the  rate  of  three  Compensation, 
dollars  per  day  and  actual  traveling  expenses,  upon 
vouchers  approved  by  the  secretary  of  the  board  of 
university  and  school  lands  to  be  paid  by  the  state 
treasurer  upon  warrants  issued  by  the  state  auditor. 

\Sec.  168.  SELECTING  AND  CERTIFYING 
LANDS  FOR  SALE.— The  commissioner  shall  from 
the  list  of  lands  so  appraised  and  reported  by  the 

1ir  .,  111....  Selection   and 

county  board  of  appraisers  select  all  such  tracts  as  sale  of  lands. 
have  been  appraised  at  ten  dollars  per  acre  and  up- 
wards and  upon  approval  of  such  selections  by  the 
board  of  university  and  school  lands  shall  make  and 
certify  to  the  county  auditors  the  list  of  lands  in  their 
respective  counties  that  are  offered  for  sale,  and  when 
transmitting  such  list  shall  designate  the  day  and 
hour  for  the  sale  thereof;  provided, •  that  such  sales 
shall  take  place  only  'between  the  hours  of  ten  o'clock 
A.  M.  and  five  o'clock  P.  M.  and  to  be  continued  from 
day  to  day  until  all  the  lands  advertised  for  sale  shall 
have  been  sold  or  offered  for  sale  except  that  adjourn- 
ments may  be  made  for  any  intervening  Sunday  or 
legal  holiday. 

Sec.  169.       NOTICE  OF  SALE  TO     BE  PUB- 
LISHED.— The  board  of  university  and  school  lands 
shall  cause  to  be  published  in  a  newspaper  of  general 
circulation  in  the  vicinity  of  the  lands  to  be  offered    Published 
for  sale  as  prescribed  by  section  158  of  the  consti-    notice  of  sale, 
tution,  a  notice  of  such  sale  with  the  list  of  lands  pro- 
perly described  that  are  to  be  offered  for  sale,  together 


196  GENERAL  SCHOOL  LAWS 

with  the  appraised  value  thereof  and  the  terms  and 
conditions  of  sale,  and  also  publish  notices  of  all 
sales  for  the  same  length  of  time  in  one  newspaper 
published  at  the  seat  of  government. 

Sec.  170.  MANNER  OF  SALE.— On  the  day 
and  hour  appointed  for  such  sale  the  commissioner, 
Sale— how  except  as  hereinafter  provided,  shall  proceed  to  sell  or 
conducted.  offer  for  sale  at  public  auction  to  the  highest  bidder, 
at  the  court  house  or  at  the  place  where  the  terms  of 
the  district  court  are  held,  of  the  county  where  the 
lands  are  situated,  the  lands  so  advertised ;  offering 
them  for  sale  and  selling  in  the  order  in  which  they 
occur  in  the  advertisement  for  sale.  Such  lands  as 
have  not  been  specially  subdivided  shall  be  offered  in 
tracts  of  one-quarter  section,  according  to  the  subdi- 
visions thereof  by  the  United  States  survey,  and  those 
so  subdivided  in  the  smallest  divisions  thereof.  Xo 

ajpraisei1  value  tract  sha11  be  sold  for  less  than  lts  appraised  value, 

—or  more.  and  in  no  case  for  less  than  ten  dollars  an  acre.  When- 
ever the  commissioner  cannot  attend  the  sale  in  per- 
son such  sale  may  be  made  by  the  deputy  land  com- 
missioner or  any  other  person  designated  and  author- 
ized by  the  board  of  university  and  school  lands. 

Sec.  171.  TERMS  OF  SALE.— Each  tract  of 
land  shall  be  sold  upon  the  following  terms :  The  pur- 
chaser shall  pay  one-fifth  of  the  price  in  cash  at  the 

Sale— terms  of.  tmie  °f  sa^e?  anc^  tne  remaining  four-fifths  as  follows : 
One-fifth  in  five  years,  one-fifth  in  ten  years,  one-fifth 
in  fifteen  years  and  one-fifth  in  twenty  years,  with  in- 
terest at  six  per  cent  per  annum  on  all  the  unpaid 
principal  in  advance.  The  highest  bidder  for  any  of- 
fered tract  shall  be  declared  the  purchaser  thereof, 
and  shall  immediately  pay  over  to  the  county  treas- 
urer the  amount  of  one-fifth  of  the  purchase  price  as 

Re-sale specified  in  the  terms  of  sale.       In  case  the  purchaser 

when-  fails  to  pay  the  amount  so  required  to  be  paid  at  the 

time  of  such  sale,  such  commissioner  or  whoever  may 
be  conducting  the  sale,  shall  immediately  reoffer  such 
lands  for  sale,  but  no  bids  shall  be  received  from  the 

fu°s^neittof°take?"  Person  so  failing  to  pay  as  aforesaid ;  and  the  person 
refusing  or  neglecting  to  make  such  payment  shall  for- 
feit the  sum  of  one  hundred  dollars  for  each  tract  so 
purchased  by  him. 

Sec.  172.  ADJOURNMENT  OF  SALE.— No 
adjournment  of  the  sale  can  be  made  after  its  opening, 

fournment  of.      except  as  provided  in  section  168  of  this  article,  but, 


STATE  OF  NORTH   DAKOTA 


197 


when  the  interest  of  the  state  will  be  subserved  there- 
by, the  board  of  university  and  school  lands  may,  at 
any  time  not  less  than  two  weeks  preceding  the  date 
fixed  for  opening  such  sale,  make  an  order  post- 
poning the  same  to  such  date  as  may  be  fixed  in  such 
order,  which  shall  not  be  more  than  sixty  days,  giving 
due  notice  of  the  same  to  the  county  auditor,  who  shall 
publish  such  notice  of  adjournment  and  the  day  fixed 
for  the  same,  for  two  successive  weeks  in  the  same 
papers  in  which  the  notice  of  sale  is  published ;  but  the 
adjournment  of  any  sale  shall  not  require  continued 
publication  of  the  list  of  lands  beyond  the  time  speci- 
fied in  this  article  for  such  publication.  > 

Sec.  173.  WITHDRAWAL  OF  LANDS  FROM 
SALE. — The  board  of  university  and  school  lands 
may,  in  its  discretion,  on  or  before  the  day  of  sale, 
withdraw  any  or  all  lands  that  may  have  been  adver-  ^^  with. 
tised  for  sale  or  included  in  any  list  to  be  offered  in  drawn  when, 
any  county,  and  upon  such  withdrawal  shall  notify 
the  auditor  of  such  county,  specifying  the  lands  in- 
cluded in  such  notice  of  withdrawal,  who  shall  there- 
upon strike  such  lands  from  the  lists  in  his  office,  and 
public  notice  of  withdrawal  shall  be  given  at  the  day 
of  sale  before  any  such  lands  are  offered. 

Sec.  174.  COUNTY  AUDITOR  TO  ACT  AS 
CLERK  AT  SALE.  APPROVAL  OF  SALE.— 
The  county  auditor  shall  act  as  clerk  of  all  land  sales 

,.,.  <   '.L     i     11  i       1  •      _i    i.        County    auditor 

and  leases  made  in  his  county,  and  it  shall  be  his  duty  clerk  of  sale, 
within  five  days  after  such  sale  or  lease  shall  have 
been  concluded  to  certify  to  the  board  'of  university 
and  school  lands  a  list  of  lands  sold  or  leased  as  pro- 
vided in  this  article,  with  the  prij:e  thereof,  and  the 
name  of  the  purchaser  or  lessee  of  such  tract,  the 
amount  for  which  the  lands  are  sold  or  leased,  the 
amount  of  money  paid  by  such  purchaser,  and  the 
amount  of  principal  remaining  unpaid,  and  the  board 
of  university  and  school  lands  shall  approve  and  con- 
firm the  sale  or  lease  of  every  such  tract,  as  upon  ex-  ^e.roval  °f 
animation  of  such  certified  lists  and  such  further  in- 
formation and  investigation  as  shall  be  deemed  neces- 
sary, shall  be  found  to  have  been  sold  or  leased  in  ac- 
cordance with  the  law  and  without  fraud  or  collusion. 
For  the  services  imposed  by  this  article  the  county 
auditor  shall  be  allowed  the  sum  of  three  dollars  per  Compensation 
day  for  each  and  every  day  so  engaged,  to  be  paid 


198 


GENERAL  SCHOOL  LAWS 


Purchaser   — 
notice  to. 


out  of  any  appropriation  for  the  expenses  of  apprai- 
sal and  sale  of  public  lands. 

Sec.  175.  NOTICE  TO  PURCHASER.  EXE- 
CUTION OF  CONTRACT.— Immediately  upon  ap- 
proval of  the  sales  by  the  board  of  university  and 
school  lands,  the  secretary  of  such  board  shall  pre- 
pare and  certify  a  list  of  said  approved  sales  to  the 
commissioner,  who  shall  without  delay  execute  dupli- 
cate contracts  in  the  form  prescribed  by  the  board,  and 
forward  the  same  to  the  county  auditor  of  the  county 
where  the  land  was  sold,  whereupon  it  is  made  the 
duty  of  the.  county  auditor  to  notify  each  purchaser 
in  writing  of  the  approval  of  the  sale  to  him,  and  to 
appear  within  ten  days  after  the  date  of  such  notice 
and  pay  the  county  treasurer  the  amount  of  interest 
on  the  deferred  payments  as  specified  in  the  contract 
and  execute  the  contracts  of  sale,  and  a  failure  so  to 
appear  and  execute  such  contract  shall  act  as  a  for- 
feiture of  the  payment  made  by  the  purchaser  at  the 
sale.  When  the  contracts  are  properly  executed  by 
the  purchaser  and  the  amount  of  money  due  thereon 
shall  have  been  paid  to  the  county  treasurer,  the  copy 
marked  duplicate  shall  be  delivered  to  him  and  the 
original  returned  to  the  land  commissioner,  and  each 
contract  so  returned  fully  executed  shall  have  on  its 
face  in  the  place  noted  for  such  purpose  the  notation 
of  the  date  of  delivery  to  the  purchaser,  and  all  con- 
tracts not  executed  by  the  purchaser  shall  be  returned 
to  the  land  commissioner  with  a  written  statement 
thereon  of  the  reason  for  such  return. 


Execution  of 
contracts. 


Sales  void — 
when. 


Surveys — 
when   made. 


Sec.  176.  SALES,  WHEN  VOID.— Any  sale 
made  by  mistake,  or  not  in  accordance  with  law,  or 
obtained  by  fraud,  shall  be  void,  and  the  contract  of 
purchase  issued  thereon  shall  be  of  no  effect;  but  the 
holder  of  such  contract  shall  be  required  to  surrender 
the  same  to  the  board  of  university  and  school  lands, 
who  shall,  except  in  case  of  fraud  on  the  part  of  the 
purchaser,  cause  the  money  to  be  refunded  to  the 
holder  thereof. 

Sec.  177.  SURVEYS  TO  BE  MADE  WHEN 
NECESSARY.— Whenever  it  appears  to  the  board  of 
university  and  school  lands  necessary  in  order  to  as- 
certain the  true  boundaries  of  any  tracts  or  portions 
of  lands,  or  to  enable  the  commissioner  to  describe  or 
dispose  of  the  same  in  suitable  and  convenient  lots,  it 


STATE   OF  NORTH   DAKOTA 


199 


Subdivision    of 
land,    when. 


Re-appraisal     of 
subdivisions. 


may  order  all  such  necessary  surveys  to  be  made  and 
the  expenses  shall  be  paid  out  of  the  state  treasury  as 
other  incidental  expenses  of  the  board  of  university 
and  school  lands  are  paid. 

Sec.  178.  SUBDIVIDING  LAND  INTO  SMALL 
TRACTS  OR  LOTS,  WHEN  TO  BE  MADE.— 
Whenever  in  the  opinion  of  the  board  of  university 
and  school  lands  the  interests  of  the  state  will  be  pro- 
moted by  laying  off  any  portion  of  the  land  under  its 
control  into  small  parcels  or  city,  town  or  village  lots, 
the  board  may  order  such  commissioner  to  cause  the 
same  to  be  done  and  have  the  same  appraised  in  the 
same  manner  as  hereinbefore  prescribed. 

Sec.  179.  SALE  OF  LOTS.  NEW  APPRAISAL. 
—All  parcels  or  lots  so  appraised  shall  be  subject  to 
sale  in  the  same  manner  and  upon  the  same  terms  and 
conditions  and  the  contract  of  purchase  shall  have  the 
same  effect,  as  in  the  case  of  other  lands  for  which 
provision  is  made  in  this  article,  and  at  the  prices  at 
which  the  same  are  severally  appraised,  until  a  new 
appraisal  is  made,  which  the  board  of  university  and 
school  lands  may  in  its  discretion  order  at  any  time,  in 
the  manner  aforesaid,  and  with  the  like  effect  but  no 
lots  or  parcels  so  appraised  shall  be  sold  for  less  than 
the  minimum  price  of  said  land,  established  in  this 
article. 

Sec.  180.  MAP  TO  BE  ENTERED  OF  REC- 
ORD.— Whenever  the  commissioner  shall  lay  off  any 
tract  of  land  into  small  parcels  or  lots,  as  provided  in 
this  article,  he  shall  cause  a  correct  map  of  the  same 
to  be  entered  of  record  in  the  county  where  said  lands 
are  situated. 

Sec.  181.  CONTRACTS  OF  PURCHASE. 
RIGHTS  UNDER.— Contracts  of  purchase,  issued 
pursuant  to  the  provisions  of  law,  entitle  the  purchaser, 
his  heirs  or  assigns,  to  the  possession  of  the  lands 
therein  described,  to  maintain  actions  for  injuries  done 
to  the  same,  or  any  action  or  proceeding  to  recover 
possession  thereof,  unless  such  contract  has  become 
void  by  forfeiture;  and  all  contracts  of  purchase  in 
force  may  be  recorded  in  the  same  manner  that  deeds 
of  conveyance  are  authorized  to  be  recorded. 

Sec.  182.  ASSIGNEE  OF  PURCHASERS.— 
Each  assignee  of  a  bona  fide  purchaser  of  any  of  the 


Plaf  record. 


Rights  of  pur- 
chaser under 
contracts. 


200 


GENERAL  SCHOOL  LAWS 


Assignment    of 
contracts. 


Surrender    and 
division  of  con- 
tracts. 


Approval  and 
fees. 


Contract  may 
be   voided  on 
failure  to  pay 
principal  or 
interest. 


Discretion    of 
board. 


lands  mentioned  in  this  article  is  subject  to  and  gov- 
erned by  the  provisions  of  law  applicable  to  the  pur- 
chaser of  whom  he  is  assignee;  and  he  shall  have  the 
same  rights  in  all  .respects  as  an  original  purchaser 
of  the  same  class  of  lands. 

Sec.  183.  CONTRACTS  MAY  BE  SURREN- 
DERED AND  TWO  OR  MORE  ISSUED,  WHEN. 
— Whenever  the  holder  of  any  contract  of  purchase 
of  any  state  or  school  land  shall  surrender  the  same 
to  the  commissioner  with  a  request  to  have  the  same 
divided  into  two  or  more  contracts,  it  shall  be  lawful 
for  the  commissioner  to  issue  the  same ;  provided,  that 
the  proposed  subdivision  shall  be  only  in  the  smallest 
of  the  regular  government  or  state  subdivisions;  and, 
provided,  that  no  new  contracts  shall  issue  while  there 
is  due  and  unpaid  any  interest,  principal  or  taxes  on 
the  principal  contract  of  sale,  nor  in  any  case  where 
the  commissioner  shall  be  of  the  opinion  after  an  ex- 
amination of  the  lands,  if  necessary,  that  the  security 
would  be  impaired  and  endangered  by  the  proposed 
division,  nor  until  such  proposed  change  shall  have 
the  approval  of  the  board  of  university  and  school 
lands,  and  for  all  such  new  certificates  a  -fee  of  five 
dollars  for  each  certificate  so  issued  shall  be  paid  by 
the  applicant,  which  fee  shall  be  paid  into  the  state 
treasury  and  become  a  part  of  the  expense  fund  of  the 
board  of  university  and  school  lands. 

Sec.  184.  CONTRACT  VOIDABLE  ON  FAIL- 
URE TO  PAY  PRINCIPAL  OR  INTEREST.— In 
case  the  annual  interest  due  on  the  first  day  of  Jan- 
uary in  any  year  shall  not  be  paid  within  thirty  days 
thereafter  by  the  purchaser  or  by  any  person  claiming 
under  him,  the  contract  shall,  from  the  time  of  such 
failure,  be  voidable.  In  case  an  installment  on  the 
purchase  price  shall  not  be  paid  within  thirty  days  af- 
ter the  same  becomes  due  by  the  provisions  of  contract 
of  sale,  the  contract,  from  the  time  of  such  failure 
shall  be  voidable.  And  in  all  cases  where  any  con- 
tract becomes  voidable  by  reason  of  failure  to  make 
the  payments  required  by  the  contract  and  the  terms 
of  this  section,  the  board  of  university  and  school 
lands  may  in  their  discretion  declare  such  contracts  of 
sale  void ;  and  in  case  of  such  declaration,  shall  notify 
the  holder  thereof  of  such  declaration,  by  written 
notice  mailed  to  his  postoffice  address  and  send  a  du- 
plicate copy  thereof  to  the  auditor  of  the  county  in 


STATE  OF   NORTH   DAKOTA 


201 


Right  of  re. 


which  such  land  is  situated,  and  order  the  commis- 
sioner to  take  possession  of  the  land  described  in  such 
contract. 

Sec.  185.  REDEMPTION  BEFORE  RESALE. 
—In  all  cases  where  the  rights  of  a  purchaser,  his 
heirs  or  assigns,  become  forfeited  under  the  provisions 
of  this  article,  by  failing  to  pay  the  amounts  required, 
such  purchaser,  his  heirs  or  assigns,  may,  before  the 

11-  ..•  f  ,1       1       j      j  M      1   '  i       where   contract 

resale  at  public  auction  of  the  lands  described  in  such    is  voided. 

contract,  pay  to  the  state  treasury  the  amount  of  in-  . 

terest  due  and  payable  on  such  contract,  and  all  costs 

which  have  been  incurred  in  addition  thereto,  together 

with  interest  at  the  rate  of  twelve  per  cent  per  annum 

on  the  interest  and  costs  so  due  from  the  date  of  de- 

linquency to  the  date  of  payment,  and  such  payment 

shall  operate  as  a  redemption  of  the  rights  of  such 

purchaser,   his   heirs   or  assigns,   and   such     contract 

from  the  time  of  such  payment  shall  be  in  full    force 

and  effect,  as  if  no  forfeiture  had  occurred;  provided, 

that  after  the  rights  of  a  purchaser,  his  heirs  or  as- 

signs, shall  have  become  forfeited  under  the  provisions 

of  this  article,  the  board  of  university  and     school 

lands  shall  have  the  power,  and  it  is  hereby  made  their 

duty,  to  provide  for  the  resale  of  said  land  so  forfeited 

if  in  their  opinion  a  resale  of  said  land  shall  be  most 

advantageous  to  the  state,  otherwise  the  said  board 

shall  provide  for  the  leasing  of  said  land  from  year  to 

year  as  herein  provided,  and  after  a  lease  of  said  land 

shall  be  made  by  said  board,  the  lessee,  his  heirs  and 

assigns,  shall  be  entitled  to  the  full  and  absolute  pos- 

session of  all  said  lands  and  premises  so  leased. 

Sec.  186.  FEE  IN  STATE  UNTIL  CONTRACT 
FULFILLED.—  The  fee  of  each  parcel  of  such  lands 
shall  be  and  remain  in  the  state  until  the  patents  here-  NO  fee  passes 
inafter  provided  for  are  issued  for  the  same  respect-  "Sgjjes  patent 
ively,  and  no  patent  shall  issue  until  full  payment  of 
all  sums  and  full  compliance  with  all  the  conditions 
of  the  contract  of  purchase,  and  in  case  of  non-com- 
pliance by  the  purchaser,  his  heirs  or  assigns,  with  the 
terms  of  the  contract  as  aforesaid,  or  with  the  provi- 
sions of  law  applicable  thereto,  and  any  and  all  per- 
sons being  or  continuing  in  possession  of  any  such 
lands  after  a  failure  to  comply  with  the  terms  of  the 
contract  as  aforesaid,  or  with  such  provisions  of  law, 
as  aforesaid,  without  a  written  permission  of  the  com- 
missioner, shall  be  deemed  and  held  to  detain  such  land 


202 


GENERAL  SCHOOL  LAWS 


Action  to  re- 
cover posses- 
sion. 


Governor   to 
reeonvey    to 
United     States 
— when. 


Patents. 


forcibly  and   without     right,     and  to  be  trespassers 
thereon. 

Sec.  187.  RECOVERY  OF  POSSESSION.— In 
case  any  person  holds  or  continues  in  possession  of 
any  of  the  land  mentioned  in  this  article,  contrary  to 
the  conditions  or  covenants  of  any  lease  or  written 
agreement,  he  shall  be  liable  to  an  action  of  forcible 
detainer,  or  any  other  proper  action  for  the  recovery 
of  possession  of  such  lands  and  damages  for  deten- 
tion of  the  same. 

Sec.  188.  RECONVEYANCE  TO  THE  UNIT- 
ED STATES. — In  all  cases  where  lands  have  been 
erroneously  or  improperly  certified  or  conveyed  to  the 
state  of  North  Dakota  for  school  or  other  purposes  by 
the  United  States,  the  governor  of  the  state  is  author- 
ized to  reeonvey  or  relinquish  by  the  execution,  under 
his  hand  and  seal  of  the  state,  of  such  conveyances  as 
will  be  necessary  to  convey  or  relinquish  the  title 
which  the  state  may  have  to  such  lands. 

.  Sec.  189.  PATENTS,  WHEN  TO  ISSUE.— 
When  any  land  sold  under  the  provisions  of  this  arti- 
cle has  been  fully  paid  for,  and  all  terms  of  the  con- 
tract of  purchase  fully  complied  with,  the  board  of 
university  and  school  lands  shall  so  certify  to  the  gov- 
ernor, who  shall  thereupon  issue  to  the  purchaser 
thereof,  his  heirs  or  assigns,  a  patent  conveying  the 
title  of  the  state  to  such  land,  and  the  governor  shall  in 
like  manner  issue  a  patent  to  any  purchaser  of  the 
rights,  title  and  interest  of  the  original  purchaser,  his 
heirs  or  assigns,  acquired  by  any  execution  sale.  All 
such  patents  shall  be  signed  by  the  governor  and  at- 
tested by  the  secretary  of  state  with  the  great  seal  of 
the  state  of  North  Dakota,  and  shall  be  countersigned 
by  the  board  of  university  and  school  lands  with  the 
seal  of  the  secretary  of  said  board. 

Sec.  190.  PATENTS  TO  BE  RECORDED.— 
The  registers  of  deeds  of  the  several  counties  of  this 
state  are  authorized  to  record  all  patents  issued  by  the 
governor  pursuant  to  the  provisions  of  this  article ;  and 
the  records  thereof  shall  have  the  same  effect  as  the 
record  of  other  conveyances  executed  according  to  the 
laws  of  this  state. 

Sec.  191.  TAXATION  OF  LANDS  AFTER 
SALE.  PURCHASER  OF  TAX  CERTIFICATE. 
— The  commissioner  shall,  as  soon  as  possible  after 


How  executed. 


Recording 
patents. 


Taxation— 
when    lands 
subject    to. 


STATE  OF  NORTH   DAKOTA 


203 


the  sale  of  lands,  transmit  to  the  auditor  of  each  coun- 
ty, in  which  any  lands  mentioned  in  this  article  have 
been  sold,  a  detailed  description  of  each  parcel  of  the 
land  so  sold  and  the  names  of  the  purchasers,  and  the 
auditor  shall  extend  the  same  upon  his  tax  duplicate 
for  the  purpose  of  taxation,  and  the  same  shall  there- 
upon become  subject  to  taxation  the  same  as  other 
.lands,  and  the  taxes  assessed  thereon,  collected  and  purchasers  at 
enforced  in  like  manner  as  against  other  lands;  pro-  tax  sale- 
vided,  however,  that  the  purchaser  at  tax  sale  of  any 
such  lands  sold  for  delinquent  taxes  shall  only  acquire 
by  virtue  of  such  purchase,  such  rights  and  interest  as 
belong  to  the  holder  and  owner  of  the  contract  of  sale 
issued  by  such  commissioner  under  the  provisions  of 
this  article,  and  the  right  to  be  substituted  in  the  place 
of  such  holder  and  owner  of  such  contract  of  sale,  as 
the  assignee  thereof;  and  upon  the  production  to  the 
proper  officer  of  the  tax  certificate  given  upon  such  tax 
sale,  in  case  such  lands  have  not  been  redeemed,  such 
tax  purchaser  shall  have  the  right  to  make  any  pay- 
ment of  principal  or  interest  then  in  default  upon  such  JJhen?*  deed~~ 
contract  of  sale,  as  the  assignee  thereof.  But  no  tax 
deed  shall  be  issued  upon  any  tax  certificate  procured 
under  the  provisions  of  this  act  while  the  legal  title  of 
said  lands  remains  in  the  state  of  North  Dakota. 
Whenever  the  contract  for  the  sale  of  any  of  said 
lands  has  been  canceled,  it  shall  be  the  duty  of  the 
commissioner  to  notify  the  auditor  of  the  county  in 
which  such  lands  are  located,  of  said  cancellation  and 
thereafter  such  lands  shall  not  be  listed  for  taxation, 
but  in  the  event  of  the  redemption  of  any  such  lands,  Taxation— 

.1  «  1     11  "1  I-,-  11      when    sale    can- 

the  redemptioner  shall  pay  as  taxes  m  addition  to  all  ceiled, 
other  charges  an  amount  equal  to  the  tax  list  levied 
thereon  for  each  year  such  land  was  not  listed  for  taxa- 
tion, together  with  such  interest  and  penalty  as  would 
have  been  charged,  if  the  same  had  been  regularly 
listed  and  taxed. 

Sec.  192.    COLLECTIONS,  HOW  MADE.    DU- 
TIES OF  COUNTY  TREASURER.— The  purchas- 
ers of  any  land  mentioned  in  this  article  and  the  les- 
sees of  any  such  lands,  or  their  executors,  administra-    payments 
tors  or  assigns,  shall  pay  to  the  county  treasurer  of  the    J|_ 
county  in  which  such  land  lies,  any  and  all  amounts    to  county 
that  may  become  due  from  time  to  time  upon  such 
contracts  or  leases  for  principal,  interest,  penalties  or 
rent,  and  for  the  amounts  so  paid  the  county  treasurer 


204 


GENERAL  SCHOOL  LAWS 


Disposition  of 
funds. 


shall  give  to  such  person 'a  duplicate  receipt  specifying 
Duty  of  treas-  the  amount  paid,  date  of  payment,  the  number  of  the 
contract  or  lease  and  the  description  of  the  land  for 
which  the  payment  is  made,  name  of  the  person  mak- 
ing such  payment,  nature  of  the  payment,  whether  for 
interest,  principal,  penalty  or  rent  and  for  what  year 
and  a  separate  receipt  shall  'be  given  for  each  contract 
or  lease,  and  a  separate  receipt  for  each  year's  interest, 
and  principal  and  interest  shall  not  be  included  in  the 
same  receipt.  All  moneys  received  by  each  county 
treasurer  under  the  provisions  of  this  article  shall  at 
all  times  be  held  by  him  subject  to  the  order  and 
direction  of  the  state  treasurer  and  the  board  of  uni- 
versity and  school  lands,  and  on  the  first  day  of  each 
month  or  within  fifteen  days  thereafter,  the  county 
treasurer  of  each  county  shall  make  a  report  to  the 
commissioner  of  university  and  school  lands  of  all 
moneys  so  collected  by  him  during  the  next  preceding 
calendar  month,  which  report  shall  be  in  such  form 
and  on  such  blanks  as  may  be  prescribed  and  fur- 
nished by  the  commissioner,  and  a  separate  report 
shall  be  made  for  principal,  interest,  and  rent,  and 
such  report  shall  embrace  a  list  of  all  receipts  for  the 
month,  briefly  described,  amount  of  each  receipt,  and 
the  total  amount  collected  for  the  month  from  each 
source.  Such  reports  shall  be  duly  certified  by  the 
county  treasurer  as  correct  and  shall  be  by  him  trans- 
mitted forthwith  to  the  commissioner  of  university 
and  school  lands,  together  with  a  triplicate  of  each 
receipt  shown  on  each  report.  The  county  treasurer 
shall  also  and  at  the  same  time  that  he  makes  his  re- 
port to  the  land  commissioner,  make  a  similar  report  to 
the  state  auditor,  of  the  total  amount  collected  from 
each  of  said  sources  for  the  month,  which  shall  cor- 
respond with  the  amount  reported  to  the  land  com- 
missioner as  herein  provided,  from  principal,  interest, 
rent  and  other  sources.  As  soon  as  possible  after  he 
has  received  the  reports  from  the  several  county 
treasurers,  as  provided  in  section  one  of  this  act,  it 
shall  be  the  duty  of  the  commissioner  of  university 
and  school  lands  to  check  up  and  verify  said  reports 
from  the  records  of  his  office  and  to  apportion  the 
several  amounts  to  the  funds  to  which  the  same  are 
applicable,  which  apportionment  he  shall  certify  to  the 
state  auditor,  who  shall  proceed  to  make  drafts  on 
the  respective  county  treasurers  in  the  same  manner 
as  drafts  are  made  for  state  taxes,  and  to  the  credit 


STATE   OF   NORTH   DAKOTA 


205 


of  the  proper  funds  as  certified  to  him  by  the  land 
commissioner. 

-Sec.  193.  BOND  OF  COUNTY  TREASURER. 
CONDITIONS  OF.— The  bond  of  each  county  treas- 
urer shall  be  conditioned  for  the  honest  and  faithful 
discharge  of -all  trusts  and  responsibility  imposed  by  Treasurer»s 
this  article,  and  for  the  faithful  payment  of  and  ac-  bond,  condi- 
counting  for  "all  moneys  received  by  him  under  the 
provisions  of  this  article  to  the  state  treasurer  or  any 
other  person  entitled  to  receive  the  same,  and  the 
board  of  university  and  school  lands  shall  on  or  before 
the  first  day  of  January,  following  any  election  for 
county  officers,  certify  to  the  chairman  of  the  board 
of  county  commissioners  of  each  county  the  amount  of 
money  liable  to  come  into  the  hands  of  the  treasurer 
of  the  county  under  the  provisions  of  this  article,  and 
the  board  of  county  commissioners  shall  add  to  the 
amount  of  the  sum  required  on  his  regular  official  bond 
to  the  county  double  the  sum  so  certified  by  the  board 
of  university  and  school  lands,  and  the  record  of  the 
proceedings  of  such  board  of  county  commissioners 
when  fixing  the  amount  of  such  bond  shall  specify  in 
two  separate  items  the  aggregate  amount  of  the  bonds 
so  made  up,  designating  one  sum  as  the  amount  to 
indemnify  the  county,  and  the  other  to  indemnify  the 
state  for  any  losses  incurred  by  reason  of  failure  <to 
comply  with  the  provisions  of  all  laws  regulating  his 
duty. 

Sec.  194.  FEES  TO  COUNTY  TREASURER.— 
County  treasurers  shall  be  entitled  to  a  fee  of  one-half 
of  one  per  cent  on  each  dollar  collected  or  received 
and  remitted  by  them  in  payment  of  principal  or  in-  Compensation 

r  ...  1      ,  1       j         of  treasurer. 

terest,  fines,  penalties  and  damages  on  state  lands, 
which  fee  shall  be  payable  from  the  general  fund  of 
the  class  of  lands  on  which  payment  is  made  to  such 
treasurer,  and  such  fee  shall  be  paid  to  the  county 
treasurer  on  vouchers  countersigned  by  the  county 
auditor  and  approved  by  the  commissioner  of  univer- 
sity and  school  lands  and  such  approved  vouchers  shall 
be  paid  out  of  any  appropriation  for  the  expenses  of 
appraisement  and  sale  of  such  lands. 

Sec.  195.  DUTY  OF  COUNTY  AUDITOR.— 
The  county  auditor  shall,  at  the  time  he  is  required 
by  law  to  return  abstracts  of  settlement  to  the  state  Returns  from 
auditor,  also  forward  to  the  land  commissioner  all  du- 
plicate or  triplicate  receipts  of  principal,  interest, 


audl" 


206 


GENERAL  SCHOOL  LAWS 


Commissioner 
to    furnish 
county    treas- 
urer   with    list 
of.  lands  sold. 


penalty  or  rental  on  state  lands,  with  a  certified  state- 
ment of  such  collection  by  the  county  treasurer,  speci- 
fying the  amount  of  each  item ;  and  he  shall  also  make 
such  return  at  any  other  time  as  may  be  required  by 
the  board  of  university  and  school  lands. 

Sec.  196.  LIST  OF  LANDS  SOLD  TO  BE 
FURNISHED  COUNTY  TREASURER.— On  or 
before  the  first  day  of  December  in  each  year  the 
commissioner  shall  cause  to  be  made  out  and  trans- 
mitted to  county  treasurers  a  statement  showing  the 
lands  sold  in  their  respective  counties,  the  number  of 
the  contracts  of  purchase,  the  name  of  the  person  to 
whom  each  contract  was  issued,  and  the  amount  of 
both  principal  and  interest  due  on  each  on  the  first 
day  of  January,  together  with  such  directions,  instruc- 
tions and  blanks  as  shall  enable  the  county  treasurers 
to  carry  out  the  provisions  of  this  article. 

Sec.  197.  TOWNSHIP  ASSESSORS  TO  EX- 
AMINE STATE  LANDS.— It  shall  be  the  duty  of 
all  township  and  district  assessors,  whenever  required 
by  the  commissioner  to  examine  and  report  on  any 
lands  designated  to  them  by  him,  in  the  manner  and 
form  prescribed  by  him,  and  for  such  examination  they 
shall  be  paid  at  the  rate  of  three  dollars  per  day  for 
time  actually  engaged,  upon  vouchers  approved  by  the 
commissioner. 

Sec.  198.  TRANSFER  OF  RECORDS  TO  COM- 
MISSIONER.—All  abstracts  and  conveyances  of 
title  to  the  state  of  North  Dakota  whether  the  said 
lands  are  held  for  penal,  educational,  charitable,  school 
or  other  purposes,  shall  be,  by  those  in  whose  charge 
such  conveyances  now  are  or  may  come,  deposited 
with  and  remain  in  the  control  of  the  commissioner  of 
university  and  school  lands. 

Sec.  199.  PERMANENT  AND  GENERAL 
FUNDS. — The  principal  accruing  from  all  sales  of 
school,  university  or  other  state  lands  under  the  con- 
trol of  the  board  of  university  and  school  lands,  as 
provided  for  in  this  article,  shall  become  a  part  of  the 
several  permanent  funds  to  which  they  respectively 
belong  and  shall  not  be  reduced  by  any  means  what- 
ever. All  moneys  received  as  interest,  for  rents, 
penalties,  permits  or  from  any  source  other  than  from 
the  principal  of  sales  shall  become  a  part  of  the  gen- 
eral or  current  funds  to  which  they  respectively  belong 
and  shall  be  distributed  as  directed  by  law. 


Assessors  to 
examine   lands. 


Compensation. 


Records  to  be 
deposited  with 
commissioner. 


Permanent 
fund. 


General    fund. 


STATE  OF  NORTH  DAKOTA 


207 


Sec.  200.  QUANTITY  OF  LANDS  TO  BE 
SOLD. — No  more  than  one-fourth  of  the  common 
school  lands  of  the  state  shall  be  sold  within  the  first 
five  years  after  they  became  saleable  under  the  provis-  Limitation  on 
ions  of  section  155  of  the  constitution,  nor  more  than  sale  of  lands- 
one-half  of  the  remainder  within  ten  years  after  the 
same  became  saleable  as  aforesaid.  The  residue 
may  be  sold  at  any  time  after  the  expiration 
of  such  ten  years;  provided,  however,  that  the  coal 
lands  of  the  state  shall  not  be  sold,  but  may  be  leased 
under  the  provisions  of  any  law  governing  such  leases. 
The  words  "coal  lands"  include  lands  bearing  lignite 
coal. 

Sec.  201.  EXPENSES  OF  SALE.  HOW  PAID. 
— The  expenses  of  publishing  notices  of  the  sale  of 
the  university,  school  and  all  other  public  lands  of  the 
state  shall  be  paid  by  the  state  treasurer  upon  the  war- 
rant of  the  state  auditor  out  of  the  general  or  current 
funds  of  the  different  institutions  as  designated  in  sec-  hoTpaidr 
tion  199,  and  such  expenses  shall'  be  apportioned  ac- 
cording to  the  receipts  credited  each  fund  from  pro- 
ceeds of  each  and  every  sale.  All  bills  for  such  pub- 
lishing shall  be  verified  by  the  publisher  and  approved 
by  the  board  of  university  and  school  lands.  There  is 
hereby  annually  appropriated  out  of  any  funds  in  the 
treasury  not  otherwise  appropriated,  the  sum  of  four 
thousand  dollars,  or  so  much  thereof  as  may  be  found 
necessary,  for  the  purpose  of  paying  the  expense  of 
appraising,  advertising  and  selling  common  school, 
institution  or  other  lands,  under  the  control  of  the 
board  of  university  and  school  lands. 

SCHOOL  LAND  CONTRACTS. 
(Chapter  208  Session  Laws  of  /pop.) 

Sec.  1.  HOLDER  OF  CONTRACT  FOR  PUR- 
CHASE OF  LAND  FROM  STATE  MAY  SUE.— 
Any  person  who  shall  hold  any  contract  from  the  state 
through  the  board  of  university  and  school  lands,  or 
otherwise,  for  the  purchase  of  any  real  property  with- 
in the  state,  may  maintain  any  action  for  injuries  done  inJuries  to  real 
the  same ;  also  an  action  to  recover  possession  thereof 
in  the  same  manner  as  though  he  possessed  the  fee 
simple  title  to  such  lands ;  provided,  however,  that  in 
any  action  or  proceeding  by  or  against  a  railway 
company  with  reference  to  right  of  way  or  otherwise, 
the  court  shall,  in  any  judgment  which  it  may  enter, 


be 
for 


estate. 


208 


GENERAL  SCHOOL  LAWS 


Leasing    of    un- 
cultivated 
school    lands. 


protect  the  interest  of  the  state  in  and  to  such  real 
property,  to  the  extent  that  the  value  of  such  lands 
taken  at  the  price  agreed  to  be  paid  per  acre  to  the 
state  therefor,  shall  be  directed  to  be  paid  to  the  proper 
officials  of  the  state ;  and  upon  such  payment  any  claim 
of  the  state  or  any  of  its  boards  to  such  part  of  said 
property  as  shall  be  taken  by  the  railway  company 
shall  be  at  an  end. 

ARTICLE  4. — LEASE  OF  SCHOOL  LANDS. 

Sec.  202.  LANDS  SUBJECT  TO  LEASE.— All 
the  common  school  lands  and  all  other  public  lands  of 
the  state  that  are  not  of  such  value  as  will  admit  of  ap- 
praisal at  ten  dollars  or  more  per  acre,  at  the  time  of 
any  regular  appraisal,  may  be  leased;  provided,  that 
no  leases  can  be  granted  for  a  period  longer  than  five 
years,  and  only  for  pasturage  and  meadow  purposes, 
and  at  a  public  auction  after  notice  as  hereinafter  pro- 
vided; provided,  further,  that  all  of  such  school  and 
public  lands  now  under  cultivation  may  be  leased  at 
the  discretion  and  under  the  control  of  the  board  of 
university  and  school  lands  for  other  than  pasturage 
and  meadow  purposes  until  sold ;  provided,  further, 
that  in  case  of  a  sale  of  the  land  so  leased  during  the 
term  of  the  lease,  the  lessee  to  be  given  ninety  days' 
notice,  and  provided,  further,  that  at  the  expiration  of 
said  lease  or  within  ninety  days  of  the  date  of  receiv- 
ing the  aforesaid  notice,  the  said  lessee  may  remove 
from  said  lands  so  leased,  all  fences,  sheds,  water 
tanks,  wind  mills,  etc.,  used  upon  said  lands  by  said 
lessee.  All  rents  shall  be  paid  annually  in  advance. 

Sec.  203.  MAY  LEASE  CULTIVATED  LANDS. 
— The  commissioner  of  university  and  school  lands  is 
hereby  authorized  and  empowered  to  lease  cultivated 
school  and  institution  lands  in  the  several  counties  of 
the  state  for  the  period  of  two  years  for  the  purpose 
of  summer-fallowing  the  first  year  and  cropping  the 
next,  when  in  his  opinion  it  is  necessary  so  to  do  in 
order  to  clear  the  same  of  noxious  weeds,  said  lessee 
to  pay  only  one  years  rent  for  the  same.  When  any 
lands  are  leased  as  above  provided  the  party  so  leasing 
the  same,  before  lease  is  approved  by  the  board  of 
university  and  school  lands,  shall  pay  to  the  .county 
treasurer  of  the  county  in  which  the  land  is  situated 
the  total  amount  of  rent  therefor.  Should  the  lessee 
so  renting  the  land  as  above  provided,  fail  or  neglect 


Leasing  of 

cultivated 

lands. 


STATE  OF   NORTH   DAKOTA 


209 


Appraisal    of 
lands   by 
county   board 
for  purpose  of 
lease. 


Compensation. 


to  summer-fallow  the  same  at  the  proper  time,  the 
board  of  university  and  school  lands  in  their  discretion 
may  declare  the  lease  canceled  and  the  amount  paid 
thereon  will  thereby  become  forfeited. 

Sec.  204.  APPRAISAL  FOR  LEASE  BY 
COUNTY  BOARD.— It  shall  be  the  duty  of  the  coun- 
ty board  of  appraisers,  each  and  every  year  if  so  ord- 
ered, to  appraise  in  the  same  manner  as  all  other  lands 
that  are  listed  for  taxation  are  appraised,  all  the  com- 
mon school  and  other  public  lands  of  the  state  in  their 
respective  districts  that  may  be  included  in  the  order, 
making  a  return  of  all  such  appraisals  to  the  board  of 
university  and  school  lands  in  the  form  prescribed  on 
blanks  furnished  by  the  board ;  such  returns  to  be  made 
on  or  before  the  first  day  of  July  of  the  same  year ;  and 
for  any  services  performed  as  required  by  this  article 
they  shall  be  paid  at  the  rate  of  three  dollars  per  day, 
to  be  paid  by  the  state  treasurer  out  of  the  funds  ap- 
propriated for  the  current  expenses  of  such  board. 
It  shall  be  the  duty  of  the  board  of  university 
and  school  lands  to  equalize  the  appraisements 
so  returned  as  to  counties  by  adding  thereto  or 
taking  therefrom  such  a  uniform  percentage  as  may  in 
its  judgment  seem  proper  and  jair  in  order  to  arrive  at 
a  just  and  equitable  equalization  between  the  several 
counties,  and  upon  such  valuation  so  fixed  the  board 
of  university  and  school  lands  are  authorized  to  fix  a 
per  cent  per  acre  as  the  minimum  price  at  which  the 
land  can  be  leased ;  provided,  that  the  lowest  price  of 
lands  leased  for  pasturage  cannot  be  below  one-half  of 
one  per  cent  of  the  average  value  in  the  county,  and 
for  any  cultivated  lands  in  the  county  the  lowest  price 
cannot  be  below  two  and  one-half  per  cent  of  the 
appraised  value  of  each  cultivated  tract.  And  when 
advertising  the  same  for  lease  they  shall  set  opposite 
each  description  the  value  thereof  as  equalized  by 
them,  which  valuation  shall  form  the  basis  for  leasing 
the  same. 

Sec.  205.  SELECTION  OF  LANDS  FOR 
LEASE. — -The  board  of  university  and  school  lands 
shall  have  the  power,  and  it  is  hereby  made  its  duty  to 
select  from  the  lands  so  appraised  such  tracts  as  in 
the  judgment  of  the  board  can  be  leased  with  profit  to 
the  school  and  other  permanent  land  funds  of  the  state, 
or  as  the  legislature  may  by  law  order  to  be  leased,  and 
shall  at  such  time  as  in  its  judgment  is  for  the  best 

—14— 


Equalizing    ap- 
praisements. 


6ates. 


Lands  for 
lease — how 
selected. 


210 


GENERAL  SCHOOL  LAWS 


Notice  of 
leasing — how 
given. 


What   shall 
contain. 


interests  of  the  state,  proceed  to  advertise  for  lease  and 
offer  for  lease,  in  each  succeeding  year,  such  lands  as 
have  thus  been  selected. 

Sec.  206.  ADVERTISEMENT  FOR  LEAS- 
ING.— All  such  lands  to  be  leased  or  offered  for  lease 
lying  within  the  respective  counties  shall  by  the  board 
of  university  and  school  lands  be  advertised  for  lease 
by  publication  once  a  week  for  not  less  than  sixty 
days  in  some  newspaper  or  newspapers  of  general 
circulation  in  the  vicinity  of  such  lands.  Such  ad- 
vertisement shall  contain  the  designation  or  proper 
description  of  each  tract  or  parcel  of  land  so  to  be 
leased,  the  appraised  value  of  each  tract  and  the  per 
cent  on  such  valuation  fixed  by  the  board  as  the  min- 
imum price  at  which  such  land  can  be  leased  and  the 
terms  of  the  lease.  A  copy  of  such  advertisement 
shall  also  be  posted  in  a  conspicuous  place  at  the  court 
house  of  the  county,  and  a  notice  of  the  time  and 
place  where  the  said  lands  are  to  be  leased  shall  also 
be  published  for  not  less  than  sixty  days  in  one  news- 
paper at  the  seat  of  government  by  such  board  of 
university  and  school  lands ;  provided,  that  if  in  the 
opinion  of  the  board  there  will  not  be  sufficient  of 
such  lands  situate  in  any  county  leased  to  warrant  the 
expense  of  advertisement  in  a  newspaper,  by  descrip- 
tion of  each  tract  or  parcel,  the  notice  may  be  given 
by  general  advertisement. 

-Sec.  207.  MANNER  OF  LEASING.  BY 
WHOM  MADE.  HOW  CONDUCTED.— It  shall 
be  the  duty  of  the  commissioner  of  university  and 
school  lands  or  such  other  person  as  may  be  appointed 
by  the  board  of  university  and  school  lands,  to  con- 
duct the  leasing  of  such  lands  in  accordance  with  the 
provisions  of  this  article  and  such  directions  as  shall 
be  prescribed  therefor  by  the  board ;  provided,  that 
the  leasing  shall  be  at  public  auction  to  the  highest 
bidder  at  the  court  house  or  place  where  terms  of  the 
district  court  are  held,  commencing  on  the  day  speci- 
fied in  the  advertisement  for  such  lease  and  between 
the  hours  of  ten  o'clock  a.  m.  and  five  o'clock  p.  m. 
to  continue  from  day  to  day  until  all  tracts  or  parcels 
of  land  advertised  for  lease  shall  have  been  leased  or 
offered  for  lease ;  but  the  time  for  leasing  the  same 
shall  not  exceed  ten  days  in  any  county,  except  that 
an  adjournment  may  be  made  over  the  Sabbath  or  any 
legal  holiday.  In  counties  where  a  large  number  of 


Notice   posted. 


Leasing — how 
conducted    and 
by    whom. 


STATE   OF  NORTH   DAKOTA 


211 


tracts  of  land  are  to  be  leased  the  land  situated  in  cer- 
tain townships  may  be  designated  in  the  advertisement 
to  be  leased  on  certain  specified  days  and  in  such  case 
such  lands  shall  be  leased  or  offered  for  lease  on  such  . 
specified  days,  or  for  want  of  time  for  the  leasing  or 
offering  for. lease  of  all  such  designated  lands  the  leas- 
ing of  those  unoffered  may  be  adjourned  until  the  fol- 
lowing day  or  days,  when  they  must  be  the  first  lands 
offered  for  lease.  Such  lands  as  shall  not  have  been 
specially  subdivided  shall  be  leased  or  offered  for  lease 
in  tracts  of  one-quarter  section  each,  and  those  so  sub-  County  auditor 
divided  in  the  smallest  subdivision  thereof.  Notice  clerk* 
must  be  given  when  the  land  is  offered  that  all  bids 
are  subject  to  approval  of  the  board.  At  the  time  of 
offering  the  lands  for  lease  the  county  auditor  of  the 
county  shall  act  as  clerk,  and  it  shall  be  his  duty  to 
make  report  thereof ;  stating  the  terms  of  such  leas- 
ing, as  is  prescribed  in  section  174  for  making  reports 
of  sales. 

Sec.  208.      BIDDERS  TO  PAY  FIRST  YEAR'S 
RENT  AT  TIME  OF  LEASING.     PROVISIONS    Highest  bidder 
FOR  FAILURE  TO  PAY.— The  highest  bidder  for •  SJS^Srw* 
any  parcel  of  land  shall  at  once  deposit  the  amount  of 
his  bid  with  the  county  treasurer,  who  shall   act  as 
treasurer  of  said  leasing,  failing  to  do  which  the  bid 
of  the  next  highest  bidder  shall  be  accepted  under  like    Next  bid  ac. 
conditions ;  provided,  his  bid  shall  not  be  less  than  the    cePted  when- 
minimum  price  as  fixed  under  and  in  pursuance  of 
section  204. 

Sec.  209.  ADJOURNMENT  OF  LEASE.- 
Whenever  the  board  of  university  and  school  lands 
finds  that  the  interests  of  the  state  will  be  subserved 
by  the  adjournment  of  the  time  for  offering  lands  for 
lease,  the  authority  conferred  by  section  172  for  ad- 
journment of  sales  is  made  applicable  to  the  leasing 
of  lands. 

Sec.  210.  APPROVAL  OF  LEASE  AND  EXE- 
CUTION OF  CONTRACT  FOR  LEASE.  THE 
BOARD  OF  UNIVERSITY  AND  SCHOOL 
LANDS  TO  HAVE  POWER  TO  LEASE  TO 
APPLICANTS  IN  CERTAIN  CASES.— Immedi- 
ately upon  receipt  of  the  report  of  the  county  auditor 
as  required  by  this  article,  the  board  of  university  and 
school  lands  shall  approve  and  confirm  the  lease  of  all 
such  tracts  as  in  its  judgment  should  be  made,  and 
shall-at  once  certify  a  list  of  the  approved  leases  to  the 


Lease — ad- 
journment of. 


of 


212 


GENERAL  SCHOOL  LAWS 


When  board 
may  lease. 


Timber — what 
lessee   may   use. 


commissioner,  who  shall  without  delay  execute  dupli- 
cate contracts  of  lease  in  the  form  prescribed  by  the 
Contract.  board,  and  forward  to  the  lessee  a  copy  marked  "du- 

plicate," the  "original"  being  filed  in  the  office  of  the 
commissioner,  who  shall  also  forthwith  certify  to  the 
auditor  of  the  proper  county,  a  list  of  such  leases  as 
have  been  approved  by  the  board.  In  case  any  of 
the  lands  in  any  county  remain  unleased  after  the  date 
advertised  for  the  leasing,  the  board  shall  have  au- 
thority to  make  contracts  of  lease  for  said  lands  to  the 
first  applicant  therefor  at  not  less  than  the  minimum 
price  thereof. 

Sec  211.  LESSEE  NOT  TO  DESTROY  TIM- 
BER.— No  lessee  of  any  of  the  common  school  or 
public  lands  of  the  state,  or  his  heirs  or  assigns,  shall 
cut  down  or  take  away  from  such  tract  any  timber, 
trees  or  wood,  or  suffer  or  cause  the  same  to  be  done 
by  any  person,  except  that  such  lessee  may  cut  down 
or  use  such  amount  of  dead  or  prostrate  trees,  or  tim- 
ber as  may  be  sufficient  to  supply  him  with  fuel  for  his 
family,  or  the  families  of  his  employes  actually  resid- 
ing upon  said  tract,  and  further,  that  such  lessee,  his 
representative  or  assigns  may,  during  his  term  or  with- 
in a  reasonable  time  thereafter  remove  any  pump, 
curbing,  fencing,  or  any  other  improvement  he  may 
have  placed  thereon  or  received  from  any  preceding 
occupant  or  lessee  of  the  land.  Any  lessee  violating 
the  provisions  of  this  section  shall  forfeit  his  lease  and 
all  rights  and  interests  thereunder,  and  shall  be  liable 
to  the  state  for  damages  sustained  by  the  state  by  rea- 
son thereof  and  shall  be  guilty  of  a  misdemeanor. 

Sec.  212.  LESSEE  NOT  TO  BREAK  UNCUL- 
TIVATED LAND.— No  lessee,  or  the  heirs  or  as- 
signs of  any  lessee,  of  any  of  the  common  school  or 
public  lands  of  this  state,  leased  for  meadow  or  pas- 
turage purposes,  or  of  school  or  public  lands  leased 
for  the  purpose  of  cultivation,  which  may  contain  any 
uncultivated  or  unbroken  land,  shall  break,  plow  or 
cultivate  any  unbroken  land  on  any  tract  so  leased,  or 
cause  or  suffer  it  to  be  done  by  any  other  person.  And 
any  lessee,  or  his  heirs  or  assigns,  who  shall  violate 
the  provisions  of  this  section  shall  incur  the  same  for- 
feitures and  liabilities  as  are  provided  in  the  preced- 
ing section,  and  shall  also  be  guilty  of  a  misdemeanor. 

Sec.  213.  HAY  NOT  TO  BE  CUT  BEFORE 
JULY  FIRST. — No  lessee  or  his  heirs  or  assigns, 


Removal    of 
improvements. 


Penalty  for 
violation  of 
law. 


Uncultivated 
land    must    not 
be   broken. 


Penalty. 


STATE   OF   NORTH   DAKOTA 


213 


Authority    of 
board    over 
hay  and  timber. 


shall  mow  or  cut  for  hay  or  feed  any  grass  on  any 
unbroken  land,  or  cause  or  suffer  the  same  to  be  done  Hay— when 
by  any  other  person  prior  to  the  first  day  of  July  in  any 
year.  And  any  lessee  or  his  heirs  or  assigns,  who 
shall  violate  the  provisions  of  this  section  shall  incur 
the  same  forfeitures  and  liabilities  as  'are  provided  in  . 
section  211,  and  shall  also  be  guilty  of  a  misdemeanor. 
Sec.  214.  BOARD  OF  UNIVERSITY  AND 
SCHOOL  LANDS  TO  GRANT  PERMITS  TO 
CUT  HAY  AND  REMOVE  DEAD  AND  DOWN 
TIMBER. — The  board  shall  have  authority,  when  in 
its  judgment  it  is  for  the  best  interests  of  the  state  so 
to  do,  to  sell  the  right  to  cut  grass  on  any  of  the  public 
lands  of  the  state  and  sell  any  down  and  dead  timber 
on  said  lands  for  such  price,  terms  and  conditions 
as  they  may  think  proper,  but  no  dead  timber,  if  stand- 
ing, shall  be  deemed  to  be  included  in  the  sale  unless 
expressly  so  specified  in  the  permit.  All  such  per- 
mits shall  only  be  for  the  current  season  and  between 
the  fifteenth  day  of  June  and  the  first  day  of  April  of 
the  following  year;  and  no  control  of  rights  of  occu- 
pancy of  said  land  shall  be  other  than  what  is  specified 
in  such  permit ;  said  permit  shall  be  sold  by  the  several 
county  treasurers,  whose  duties  and  compensation 
shall  be  prescribed  by  the  board  of  university  and 
school  lands,  but  said  compensation  shall  be  based 
upon  a  percentage  of  amounts  of  money  collected  and 
remitted  to  the  state  treasurer  from  said  sale  of  grass 
and  timber  in  their  respective  counties.  All  permits 
shall  be  paid  for  in  advance. 

|Sec.  215.  TRESPASS  UPON  PUBLIC  LANDS. 
CIVIL  ACTION  FOR.— Whoever  commits  any  tres- 
pass upon  any  of  the  lands  owned,  or  held  in  trust, 
or  otherwise  by  the  state  shall  be  liable  in  treble  dam- 
ages in  an  action  to  be  brought  in  the  name  of  the 
state,  if  such  trespass  is  adjudged  to  have  been  willful; 
but  single  damages  only  shall  be  recovered  in  such  ac- 
tion if  such  trespass  is  adjudged  to  have  been  casual 
and  involuntary. 

Sec.  216.  BOARD  EMPOWERED  TO  LEASE. 
—The  board  of  university  and  school  lands  is  hereby 
authorized  and  empowered  to  lease  for  coal  mining 
purposes  any  lands  under  its  control  designated  as 
common  school  lands  and  all  other  public  lands  of 
the  state  owned  or  held  in  trust  by  the  state  or 
granted  to  any  public  institution  of  the  state,  which 


Trespass — 
action    for. 


Lands   may   be 
leased   for 
mining    pur- 
poses. 


214 


GENERAL  SCHOOL  LAWS 


Manner   of 
leasing. 


Price    to   be 
paid. 


contain  coal  including  therein  lignite  coal.  Any 
lease  so  made  shall  be  for  such  period  of  time  as 
such  board  may  determine. 

Sec.  217.  HOW  ADVERTISED.— The  manner 
of  advertising  and  leasing  such  lands  for  coal  mining 
purposes  and  approval  and  execution  thereof,  shall 
'be  the  same  as  provided  in  sections  206,  207  and  210. 

Sec.  218.  MINIMUM  PRICE.— Such  lands  shall 
not  be  leased  for  coal  mining  purposes  for  a  less  sum 
than  ten  cents  per  ton  of  2240  pounds  for  each  and 
every  ton  of  coal  mined  thereon ;  provided,  that  no 
lease  of  any  such  land  for  such  purpose  shall  be  made 
for  lesslhan  $10  per  annum  for  each  and  every  forty- 
acre  tract  or  fraction  thereof,  it  being  expressly  pro- 
vided that  at  the  time  of  the  making  and  execution 
of  such  lease  and  annually  thereafter,  there  shall  be 
paid  by  the  lessee  an  amount  equal  to  $10  for  every 
forty-acre  tract  of  land  so  leased  or  any  fraction 
thereof  to  the  person  and  in  the  manner  prescribed 
herein  or  by  the  rules  and  regulations  of  the  board 
of  university  and  school  lands ;  it  being  further  pro- 
vided that  upon  such  lessee  mining  any  coal  thereon 
during  a  period  of  one  year  from  and  after  the  date 
of  such  payment,  such  lessee  shall  have  credit  upon 
the  amount  due  under  the  terms  of  such  lease  on 
tonnage  for  the  amount  paid  at  the  execution  of 
such  lease  or  at  the  time  of  the  annual  payment  there- 
after made  as  hereinbefore  provided;  the  amount  re- 
ceived for  the  lease  of  any  such  land  for  coal  mining 
purposes  to  be  used  in  the  same  manner  and  for  the 
same  purpose  as  is  provided  for  other  money  received 
for  the  lease  of  common  school  and  other  public 
lands. 

Sec.  219.  BOARD  AUTHORIZED  TO  MAKE 
RULES. — The  board  of  university  and  school  lands 
^  is  hereby  authorized  to  make  such  rules  and  regula- 
tions as  shall  be  by  it  deemed  necessary  for  the  man- 
ner of  determining  the  amount  of  rent  due  under  any 
such  lease,  the  manner  and  time  of  payment  and  for 
such  other  conduct  of  the  business  of  such  leasing  not 
in  conflict  with  the  provisions  of  the  law  now  in  force. 

Sec.     220.       LEASE     NOT    TO     INTERFERE 
WITH  RIGHTS  TO  LEASE  FOR  PASTURE  OR 
Right  to  rent    MEADOW. — The  leasing  of  any  such  land 'for  coal 
mining  purposes  shall  not  interfere  with  the  right  and 


tai 


surface  to  be 
reserved. 


STATE   OF   NORTH   DAKOTA 


215 


authority  of  such  board  to  lease  the  same  land  for  pas- 
ture or  meadow  purposes,  and  each  and  every  lease  so 
made  for  coal  mining  purposes  shall  contain  therein 
a  provision  plainly  and  explicitly  reserving  to  such 
board  the  right  to  so  rent  such  lands  for  pasture  and 
meadow  purposes  without  such  renting  in  any  manner 
affecting  the  conditions  or  terms  of  such  lease  for  coal 
mining  purposes,  and  reserving  to  the  said  board  the 
right  to  use,  occupy  and  lease  the  surface  of  all  such 
lands;  provided,  that  any  such  lessee  for  coal  mining  Exception, 
purposes  shall  have  the  right  to  the  use  and  occupancy 
of  so  much  of  the  surface  of  such  lands  as  may  be 
necessary  for  entry  dumps,  buildings,  tramways  or 
other  railways,  roadways  or  uses  in  the  mining,  stor- 
ing and  shipping  of  coal  mined  thereon. 

Sec.  221.  LEASING  RESTRICTED.— No  leas- 
es shall  be  made  of  any  such  lands  having  coal  or  lig- 
nite coal  thereon  for  pasture  or  meadow  purposes,  ex- 
cept there  shall  be  contained  in  such  lease  a  provision  Restrjctions> 
authorizing  the  leasing  of  the  same  land  for  coal  min- 
ing purposes  and  reserving  to  the  said  board  the  right 
to  use  and  occupy,  or  lease  for  use  and  occupancy, 
and  authorizing  the  use  and  occupancy  of  so  much 
of  the  surface  of  said  land  as  shall  be  required  by  any 
lessee  of  the  same  for  coal  mining  purposes,  for  the 
use  and  purposes  set  forth  in  section  220. 

Sec.  222.  BOARD  TO  MAKE  SCHEDULE  OF 
LANDS. — The  'board  of  university  and  school  lands 
shall,  as  soon  as  possible,  and  by  the  best  means  at  its 
command,  and  with  the  assistance  of  the  state  geolo-  Schedule  of 
gist,  proceed  to  ascertain  and  determine  the  quantity 
and  description  of  all  common  school  or  other  public 
lands  under  its  control,  on  which  coal  or  lignite  coal 
exists,  and  make  and  compile  a  statement  and 
schedule  of  all  such  lands. 

Sec.  223.  PENALTY  FOR  VIOLATION.— Any 
person,  firm  or  corporation  who  shall  mine,  remove 
or  cause  to  be  mined  or  removed,  from  any  common 
school  land,  or  other  public  lands  in  the  state,  any 
coal  or  lignite  coal,  except  the  same  shall  be  so  mined  Mining  without 
or  removed  under  and  by  virtue  of  the  terms  of  this  fe0ar!e~ penalty 
act,  shall  be  liable  to  the  state  of  North  Dakota  in 
damages  in  the  sum  of  one  dollar  for  each  and  every 
ton  of  coal  or  lignite  coal  so  mine^d  and  removed,  and 
shall  be  deemed  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not 


216 


GENERAL  SCHOOL  LAWS 


Willful  tres- 
pass. 


What    is. 


Penalty. 


less  than  two  hundred  and  fifty  dollars,  nor  more 
than  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days  nor  more  than 
one  year  or  by  both  such  fine  and  imprisonment ;  each 
and  every  day  or  fraction  of  a  day  so  occupied  in 
mining  or  removing  such  coal  or  lignite  coal  from  any 
such  land,  is  hereby  declared  to  be  a  separate  offense 
against  the  provisions  of  this  act. 

Sec.  224=.  WILLFUL  TRESPASS.  PENALTY. 
— Whoever  commits  any  willful  trespass  upon  any  of 
the  lands  owned  or  held  in  trust  or  otherwise  by  this 
state,  either  by  cutting  down  or  destroying  any  timber 
or  wood  standing  or  growing  thereon,  or  by  carrying 
away  any  timber  or  wood  therefrom,  or  by  mowing  or 
cutting  or  removing  any  hay  or  grass  standing  or 
growing  or  being  thereon,  or  who  injures  or  removes 
any  buildings,  fences,  improvements  or  other  property 
belonging  or  appertaining  to  said  land  or  unlawfully 
breaks  or  cultivates  any  of  said  lands  or  aids,  directs 
or  countenances  such  trespass  or  other  injury  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the 
county  jail  not  more  than  one  year,  or  by  fine  not  ex- 
ceeding five  hundred  dollars,  or  both  such  -fine  and  im- 
prisonment, in  the  discretion  of  the  court.  And  who- 
ever is  occupying,  residing  upon  or  in  possession  of 
any  school  or  other  public  lands  owned  or  held  in  trust 
or  otherwise  by  the  state  at  the  time  of  the  passage, 
approval  and  taking  effect  of  this  act  without  a  valid 
lease  therefor  shall  be  deemed  and  held  to  be  a  willful 
trespasser  thereon  and  guilty  of  trespass  upon 
such  land,  and  upon  conviction  thereof  shall  be  pun- 
ished as  provided  for  in  this  section  for  any  other  act 
of  trespass. 

Sec.  225.       PROPERTY  TO  BE     SEIZED.— In 
addition  to  the  penalties  provided  for  in  this  article 
against  those  committing  trespass     upon  any     of  the 
d  ^fronTpub-  lands  owned  or  held  in  trust  or  otherwise  by  this  state, 
seized?  the  commissioner  is  authorized  and  empowered  with- 

out legal  process  to  seize  and  take,  or  cause  to  be 
seized  and  taken  any  and  all  timber,  grass,  wood  or 
other  property  unlawfully  severed  from  such  lands, 
whether  the  same  has  been  removed  from  such  lands 
or  not,  and  may  dispose  of  the  property  so  seized  and 
taken,  either  at  public  or  private  sale,  in  such  manner 
as  will  be  most  conducive  to  the  interests  of  the  state  ; 


Willful    tres-^ 
passer — who   is. 


Property   sev- 


STATE   OF   NORTH   DAKOTA 


217 


and  all  moneys  arising  therefrom  after  deducting  the 
reasonable  and  necessary  expenses  of  such  seizure  and 
sale  shall  be  made  a  part  of  the  general  fund  belong- 
ing to  the  public  lands  and  shall  be  distributed  in  ac- 
cordance with  the  provisions  of  this  article. 

Sec.  226.  DAMAGES. — All  damages  recovered 
for  any  trespass,  or  other  injury  upon  or  to  any  of 
the  lands  mentioned  in  this  article,  shall  be  paid  over 
to  the  state  treasurer  for  the  benefit  of  the  general 
fund  to  which  the  same  properly  belongs. 

Sec.  227.  STATE'S  ATTORNEY  TO  PROSE- 
CUTE AND  REPORT.— The  state's  attorneys  of  the 
several  counties  shall  promptly  report  to  the  commis- 
sioner all  cases  of  trespass  committed  upon  such 
lands,  which  may  come  to  their  knowledge,  and  shall, 
when  directed  by  the  attorney  general,  prosecute  all 
actions  for  any  trespass  or  injury  thereto,  or  for  re- 
covery of  possession  thereof,  or  otherwise. 

Sec.  228.  EXPENSE  OF  ADVERTISING  AND 
LEASING. — There  is  hereby  annually  appropriated 
out  of  any  funds  in  the  treasury  not  otherwise  appro- 
priated the  sum  of  two  thousand  dollars,  or  so  much 
thereof  as  may  be  found  necessary,  for  the  purpose 
of  paying  the  expense  of  advertising  the  common 
school  lands  for  lease  and  the  attendant  expense  of 
leasing  the  same. 

Sec.  229.  FEES  FOR  SERVICE.  DUTY 
OF  COUNTY  TREASURERS.— It  shall  be  the  duty 
of  the  commissioner  of  university  and  school  lands 
to  charge  and  collect  the  following  fees:  For  each 
one  year  lease  of  school  or  other  state  lands,  $1.50. 
For  each  lease  for  a  period  of  more  than  one  year,  $3. 
For  each  contract  for  lands  purchased,  $5.  For  each 
patent,  $5.  For  approving  and  recording  each  as- 
signment of  school  land  contract,  $5.  For  furnishing 
certified  copies  of  school  land  contracts,  $3.  All  fees 
must  be  paid  in  advance  and  when  collected  must  be 
paid  into  the  state  treasury  at  the  end  of  each  month 
and  be  placed  to  the  credit  of  the  expense  fund  of  the 
board  of  university  and  school  lands.  It  shall  'be  the 
duty  of  the  county  treasurer  of  any  county  where  any 
such  lands  are  leased  or  sold  to  collect  the  fees  here- 
inbefore provided  for  at  the  time  the  first  payment 
thereon  is  made  for  leases  and  contracts  of  sale  and 
transmit  the  same  to  the  commissioner  on  the  first  day 
of  each  month.  ' 


Proceeds    to    go 
to    general 
fund. 


Damages    go    to 
general   fund. 


State's    attorney 
shall    prosecute 
trespassers. 


Appropriation 
for    leasing 
lands. 


Fees. 


Must   be    paid 
in  advance. 


218  GENERAL  SCHOOL  LAWS 

Sec.  230.  APPROPRIATION  FOR  EXPENSES 
OF  BOARD. — There  is  hereby  annually  appropriated 
out  of  any  funds  in  the  treasury  not  otherwise  appro- 
priated the  sum  of  five  thousand  dollars  or  so  much 
Expenses  of  thereof  as  may  be  found  necessary,  for  the  salaries 
board  —appro-  and  expenses  of  the  commissioner  of  university  and 
school  lands,  clerk  hire,  record  books,  blanks  and  all 
such  other  expenses  as  shall  be  necessarily  incurred 
by  the  board  of  university  and  school  lands  in  carry- 
ing out  the  provisions  of  this  article,  and  such  expens- 
es shall  be  paid  out  of  the  treasury,  and  upon  satisfac- 
tory vouchers  therefor  the  state  auditor  shall  issue  his 
warrant  for  the  same. 


STATE   OF   NORTH   DAKOTA  219 


APPENDICES 


APPENDIX  A 


SPECIAL    LAWS. 

The  following  special  laws  enacted  by  the  legisla- 
tive assembly  from  1877  to  June  20,  1886,  pertaining 
to  the  organization   and   government   of   independent    Special  laws- 
school   districts  and   acts  amendatory  thereof  are  in 
full  force  and  effect,  to-wit : 

(a)  "An  act  providing  a  board  of  education  for 
the  city  if  Fargo,  Dakota  Territory,  and     regulating 
the  management,  of  the  public  schools  therein,"   ap^ 
proved  February  20,  1879. 

(b)  "An  act  providing  for  a  school  board  for  the 
city  of  Lisbon,  and  for  further  purposes,"  approved 
March  13,  1885. 

(c)  "An  act  to  create  certain  territory  now  within 
the  school  township  of  Brightwood,  Richland  County, 
Dakota  Territory,  as  an  independent  school   district, 
No.  1   (Hankinson),  Richland  county,  Dakota  Terri- 
tory," approved  March  13,  1885. 

((d)  "An  act  establishing  the  independent  school 
district  of  Walcott,  Richland  county,  Dakota  terri- 
tory," approved  March  13,  1885. 

All  other  special  and  private  laws  pertaining  to  the 
establishment  and  management  of  schools  in  that  por- 
tion of  the  territory  of  Dakota  which  now  constitutes 
the  state  of  North  Dakota,  have  expired  by  their  own 
limitation,  or  otherwise. 


220 


GENERAL  SCHOOL  LAWS 


APPENDIX  B 


STATUTES  NOT  INCLUDED  IN  SCHOOL 
LAWS.  ' 

PENALTY  FOR  FAILURE  TO  MAKE  REPORTS. 

Sec.  377.  PENALTY  FOR  FAILURE  TO 
MAKE  REPORTS.— Any  public  officer  who  is  re- 
quired to  make  an  official  report  to  any  other  officer, 

Failure  to  make  M  -    „ 

report-penalty,  or  board,  who  wilfully  neglects  to  make  such  report 
at  the  time  and  substantially  in  the  manner  required 
by  law,  shall  forfeit  and  pay  to  the  state  a  penalty  of 
not  less  than  twenty  dollars  nor  more  than  five  hun- 
dred dollars,  to  be  recovered  from  such  delinquent  of- 
ficer, or  from  him  and  the  sureties  upon  his  official 
bond. 

Sec.  378.       ATTORNEY  GENERAL  TO  PRO- 
SECUTE.— Upon   the   wilful   neglect   of   any   public 
officer  to  make  any  report  required  by  law  it  shall  be 
Attorney    gen-    the  duty  of  the  officer  or  board  to  whom  such  report 
cute.  °  should  be  made  promptly  to  notify  the  attorney  gen- 

eral of  such  failure  to  report,  whose  duty  it  shall  be  to 
investigate  the  neglect  of  duty  complained  of ;  and,  if 
in  his  opinion,  the  officer  has  not  a  sufficient  excuse 
for  such  failure,  the  attorney  general  shall  prosecute 
such  officer  for  the  recovery  of  the  penalty  above  pro- 
vided. 

FILING  BOND  OF  TREASURER. 

Sec.     409.       BONDS     OF     TOWNSHIP     AND 

SCHOOL  DISTRICT  OFFICERS.— It  shall  be  the 

duty  of  each  county  auditor  on  or  before  the  first  day 

Bond  of  town-  of  March  in  each  year  to  procure  the  proper  blank 

snip  and   school    «          ,  ,  .      ,  111         ft  1  • 

district  officers,  bonds  and  send  them  to  the  clerk  of  each  township 
and  school  district,  and  all  such  officers  required  by 
law  to  give  -bonds  shall  procure  such  bonds  from  the 
proper  clerk ;  and  shall  immediately  after  the  execu- 
tion and  approval  thereof  hand  the  same  to  the  clerk 
of  the  township,  whose  duty  it  shall  be  forthwith  to 
file  such  bonds,  except  those  of  justices  of  the  peace, 
with  the  county  auditor,  and  the  county  auditor  shall 
on  receipt  thereof  examine  such  bonds  and  see  that 
they  are  properly  executed  and,  if  he  finds  that  any 
bonds  are  not  executed  according  to  law,  he  shall  note 


STATE  OF  NORTH   DAKOTA 


221 


thereon  any  errors  and  return  them  to  the  clerk  for 
correction,  and  it  is  hereby  made  the  duty  of  the  clerk 
to  have  such  bonds  corrected  forthwith  and  return 
the  same  to  the  county  auditor.  The  county  auditor 
shall  not  issue  any  order  upon  the  county  treasurer 
for  funds  or  money  belonging  to  a  civil  township  or 
school  district  to  any  person  as  treasurer  of  such 
township  or  school  district  until  his  bond  has  been 
filed  as  in  this  section  provided. 

BONDS. 

Sec.  2979.  BONDED  INDEBTEDNESS,  FOR 
WHAT  INCURRED.  LIMIT.— Any  city  or  mu-  Bonded 
nicipal  corporation  in  this  state  may  incur  a  bonded 
indebtedness  for  the  purpose  of  erecting  public  school  curred. 
buildings  and  other  buildings  for  city  purposes,  pur- 
chasing fire  apparatus,  putting  in  waterworks,  sinking 
public  wells,  or  cisterns  and  putting  in  sewers  and  im- 
proving streets,  which  said  indebtedness,  together 
with  the  indebtedness  which  then  exists  shall  not,  ex- 
cept as  otherwise  provided,  exceed  five  per  cent  of 
the  assessed  valuation  of  the  taxable  property  in  such  Limit  of 
city  or  municipal  corporation  as  shown  by  the  return 
of  the  assessor  for  the  year  next  preceding  the  time  at 
which  such  indebtedness  shall  be  incurred. 

Sec.  2980.  BONDS,  HOW  ISSUED.  ELEC- 
TION.— The  bonds  issued  for  the  purposes  mentioned 
in  the  last  section  shall  be  issued  by  the  city  council  or  Bonds— how 
board  of  trustees  of  any  city  or  municipal  corporation  issued, 
only  upon  a  majority  vote  of  the  qualified  electors  of 
such  city  or  municipal  corporation  voting  thereon  at 
an  election  regularly  .called  for  that  purpose  and  in 
accordance  with  the  provisions  of  the  charter  of  such 
city  or  municipal  corporation  governing  the  issuance 
and  sale  of  bonds ;  provided,  that  in  all  cities  and  mu- 
nicipal corporations  where  the  charter  does  not  pro-  Election, 
vide  for  the  manner  of  calling  and  holding  an  election 
for  the  purpose  aforesaid,  a  special  election  shall  be  • 
called  and  held  as  herein  provided,  or  such"  question 
may  be  submitted  at  any  annual  election.  The  city 
council  or  board  of  trustees  at  any  regular  meeting 
thereof  may  decide  to  call  a  special  election  to  vote 
bonds  for  any  of  the  purposes  stated  in  section  2979, 
and  they  shall  give  at  least  fifteen  days'  public  notice 
of  such  election  by  at  least  two  publications  thereof  in 
a  weekly  newspaper  published  therein,  or  if  there  is 


222 


GENERAL  SCHOOL  LAWS 


refunded. 


no  such  newspaper  then  by  posting  such  notice  in  five 
public  places  in  such  city.  Such  notice  shall  state 
the  amount  and  denomination  of  the  bonds  to  be  voted 
for,  the  rate  of  interest  thereof,  the  purpose  for  which 
such  bonds  are  to  be  issued,  the  form  of  the  ballots  to 
be  used  and  the  time  and  place  of  holding  such  elec- 
tion. The  judges  and  clerks  shall  be  appointed  and 
the  election  shall  be  conducted  as  provided  by  the 
charter  of  said  city  for  conducting  annual  elections, 
and  the  returns  shall  be  canvassed  and  in  like  man- 
ner returned.  This  article  shall  not  be  construed 
to  limit  or  restrict  the  powers  already  conferred  by 
any  special  charter  upon  any  council  of  any  city  or 
municipal  corporation.  The  bonds  voted  as  provided 
for  in  this  article  shall  be  sold  at  not  less  than  par 
value. 

Sec.  2988.  BONDS  MAY  BE  REFUNDED.— 
All  bonds  heretofore  issued  by  any  city  or  by  or  un- 
der the  authority  of  the  board  of  education  of  any 
Bonds_  may  be  city  in  this  state  for  school  or  school  house  purposes 
may  be  refunded  in  the  discretion  of  said  board  in 
the  manner  hereinafter  provided,  whenever  there  is 
not  sufficient  money  in  the  treasury  of  such  city  appli- 
cable thereto,  to  pay  such  bonds. 

Sec.  2989.  DENOMINATION  OF  BONDS.- 
Said  bonds  shall  be  in  denominations  of  not  less  than 
one  hundred  nor  more  than  one  thousand  dollars,  shall 
be  numbered  consecutively  from  one  upward,  shall 
bear  the  date  of  their  issue,  shall  be  made  payable  to 
the  purchaser  or  bearer,  shall  be  payable  ten  years 
from  date,  and  shall  bear  interest  at  a  rate  of  not  ex- 
ceeding seven  per  cent  per  annum  payable  annually, 
with  interest  coupons  attached,  and  principal  and  in- 
terest shall  be  made  payable  at  such  place  as  may  be 
designated  by  the  board  of  education.  The  bonds 
and  each  coupon  shall  be  signed  by  the  mayor  and  at- 
tested by  the  city  clerk  or  auditor  under  the  seal  of 
the  city.  Said  bonds  shall  be  printed,  engraved  or 
lithographed  on  bond  paper,  and  a  duly  authenticated 
copy  of  this  article  shall  be  printed  on  the  back  of 
each  bond. 

Sec.  2990.  BOARD  OF  EDUCATION  TO  LEVY 
TAX. — The  board  of  education  shall  levy  each  year 
upon  the  taxable  property  of  such  citv  a  tax  sufficient 

Board     of    edu-  .  ,   ,          ,  ; 

cation  to  levy    to  pay  the  interest  on  said  bonds  as  the  same  accrues, 
and  after  five  years  from  the  date  of  said  bonds  an 


Denomination 
of    bonds. 


STATE  OF   NORTH   DAKOTA  223 

annual  sinking  fund  tax  sufficient  for  the  payment  of 
said  bonds  at  maturity,  which  taxes  shall  become  due 
and  be  collected  the  same  as  other  city  taxes. 

Sec.  2991.  BONDS,  HOW  EXECUTED.— The 
refunding  of  indebtedness  and  the  issuance  of  bonds 
provided  in  this  article  shall  be  under  the  control  and 
direction  of  the  board  of  education,  and  a  resolution  of  Bonds  how 
said  board  directing  the  execution  of  such  bonds  and  executed, 
specifying  the  number  and  amount  of  each  bond  shall 
authorize  and  require  the  mayor  and  city  clerk  or  aud- 
itor to  execute  the  same  in  the  manner  herein  provid- 
ed, and  deliver  the  bonds  so  executed  to  the  board  of 
education  who  shall  provide  for  the  sale  and  negotia- 
tion thereof  or  for  the  exchange  of  said  bonds  for  out- 
standing bonds  authorized  to  be  refunded  under  this 
article,  as  they  may  deem  best ;  provided,  that  such 
refunding  bonds  shall  not  be  sold  or  exchanged  at  less 
than  par  value.  Both  principal  and  interest  of  said 
bonds  shall  be  paid  by  the  city  treasurer  by  warrants 
drawn  upon  the  funds  created  therefor  and  issued  un- 
der the  direction  of  the  board  of  education.  A  duly  Principal  and 
certified  copy  of  the  resolution  of  the  board  of  edu-  pakPclty ° treas- 
cation  authorizing  and  directing  the  execution  of  such  urer- 
bonds  by  the  mayor  and  city  clerk  or  auditor  shall  be 
printed  on  the  back  of  each  bond.  A  register  of  all 
bonds  so  executed  shall  be  made  by  the  city  clerk  or 
auditor  and  kept  in  his  office  as  a  public  record,  show- 
ing the  number,  date,  amount,  interest,  name  of  payee 
and  when  and  where  payable,  of  each  and  all  bonds 
executed  under  the  provisions  of  this  article.  And 
after  such  outstanding  bonds  shall  have  been  so  re- 
funded the  same  shall  be  placed  in  the  hands  of  the 
city  clerk  or  auditor  after  having  had  first  marked 
across  the  face  thereof  in  red  ink  the  words /'refunded 
bond ;"  and  the  city  clerk  or  auditor  shall  thereupon 
make  a  record  for  each  bond  in  the  same  manner  pro- 
vided herein  for  bonds  issued  under  this  article  and 
at  the  next  regular  meeting  of  the  council  shall  can- 
cel and  burn  said  bonds  in  the  presence  of  the  city 
council  and  make  a  record  of  such  action  in  the  pro- 
ceedings of  the  council. 

Sec.  3000.       INTEREST  FUND.— Any  city,  town 
or  village  in  this  state  having  not  less  than  three  thou- 
sand inhabitants  is  authorized  and  empowered  through    interest   fund, 
its  proper  officers  to  levy  and  collect  taxes  not  exceed- 
ing twelve  mills  on  the  dollar  of  the  assessed  valuation 


224 


GENERAL  SCHOOL  LAWS 


Penalty. 


of  said  city,  town  or  village,  for  the  purpose  of  creat- 
ing an  interest  fund  with  which  to  pay  interest  upon 
the  existing  bonded  indebtedness  of  such  municipal- 
ity, including  bonds,  if  any,  issued  under  the  direc- 
tion of  the  respective  boards  of  education  therein.  If 
any  officer  of  such  municipality  shall  use  the  moneys 
collected  by  virtue  of  this  section  for  any  other  pur- 
pose than  that  expressed  herein,  he  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars  or  imprisonment  in  the  county  jail 
not  less  than  thirty  days  nor  more  than  one  year. 

Sec.  3001.  SINKING  FUND.— They  may  also 
levy  and  collect  taxes  not  exceeding  four  mills  on  the 
dollar  for  the  purpose  of  creating  a  sinking  fund  to 
pay  the  bonds  of  the  municipality  as  the  same  may  ma- 
Sinking  fund,  ture;  and  the  proper  officers  of  the  municipality  may 
invest  the  money  in  said  fund  in  interest  bearing  se- 
curities of  the  state  or  of  any  organized  county  there- 
in or  of  the  municipality,  and  shall  in  no  other  manner 
-dispose  of  the  money  in  said  fund,  and  if  any  officer 
of  such  municipality  shall  use  the  money  in  said  fund 
in  any  other  manner  than  as  provided  in  this  section 
he  shall  be  guilty  of  a  misdemeanor. 


Bonds    from 
contractor   on 
public    im- 
provements. 


BONDS    FOR    LABOR    AND    MATERIAL    FOR    PUBLIC    BUILD- 
INGS. 

Sec.  6252.  BONDS  FROM  CONTRACTOR  ON 
PUBLIC  IMPROVEMENTS.— It  shall  be  the  duty 
of  every  public  officer  or  board  authorized  to  enter 
into  a  contract  for  the  erection,  repair,  alteration  or 
betterment  of  any  public  building  or  any  other  public 
improvements  before  entering  into  any  such  contract, 
to  take  from  the  contractor  a  good  and  sufficient  bond 
for  an  amount  at  least  equal  to  the  price  stated  in  the 
contract,  conditioned  to  be  void  if  the  contractor  and 
all  subcontractors  shall  pay  all  bills  and  claims  on  ac- 
count of  labor  or  materials  furnished  in  and  about  the 
performance  of  said  contract,  including  all  demands 
of  subcontractors,  said  bond  to  stand  as  security  for 
all  such  bills,  claims  and  demands  until  the  same  are 
fully  paid.  The  obligee  in  said  bond  shall  be  the 
state  of  North  Dakota ;  but  any  person  having  any 
lawful  claim  against  the  contractor,  or  any  subcon- 
tractor, on  account  of  labor  or  materials,  or  both,  fur- 
nished in  and  about  the  performance  of  said  contract, 


STATE  OF  NORTH   DAKOTA 


225 


may  institute  an  action  to  recover  the  same  in  his  own 
name  upon  said  bond;  in  the  same  manner  and  with 
like  effect  as  though  the  said  bond  were  made  payable 
to  him. 

Sec.  6253.  PERSONALLY  LIABLE  FOR 
BILLS.  —  Any  officer  and  the  members  of  any  board 
who  shall  fail  to  take  such  a  bond  before  entering  into  Personally 
such  a  contract  shall  be  personally  liable  for  all  such 
bills,  claims  and  demands  which  shall  not  be  paid 
within  thirty  days  after  the  completion  of  the  work. 

Sec.  6254.  SURETIES.—  When  the  penal  sum  of 
said  bond  is  five  thousand  dollars  or  under,  the  same 
shall  be  signed  by  at  least  two  sureties,  each  of  whom  sureties. 
shall  justify  in  the  full  amount  of  said  bond.  When 
the  penal  sum  of  said  bond  is  in  excess  of  five  thou- 
sand dollars  and  not  greater  than  twenty  thousand 
dollars,  said  bond  shall  be  signed  by  at  least  four  sure- 
ties, who  shall  justify  in  the  amount  thereof.  And 
when  said  penal  sum  is  in  excess  of  twenty  thousand 
dollars  and  not  greater  than  fifty  thousand  dollars, 
said  bond  shall  be  signed  by  at  least  eight  sureties, 
each  of  whom  shall  justify  in  at  least  one-half  the 
amount  of  said  bond  ;  but  it  shall  be  sufficient  in  any 
case  if  said  bond  is  signed  by  a  reputable  surety  com- 
pany authorized  to  enter  into  such  an  obligation. 

Sec.  6255.      BOND  SHALL  BE  FILED.—  Before 
said  contract  is  entered  into,  said  bond,  duly  signed    Bond  shall  be 
and  acknowledged,  with  the  proper  affidavits  of  justi-    filed- 
fication  attached  thereto,  shall  be  filed  in  the  office  of 
the  clerk  of  the  district  court  of  the  county  in  which 
such   contract  is  to  be  performed,  and  approved  by 
said  clerk,  to  be  kept  as  one  of  the  permanent  records 
of  the  office. 

SPECULATION    IN   OFFICE   PROHIBITED. 

Sec.  9402.  UNLAWFUL  PURCHASES  BY 
SCHOOL  DISTRICT  OFFICERS.—  Every  person 
who  while  an  officer  of  any  school  district  or  corpor-  speculation  in 
ation,  or  deputy  or  clerk  of  such  officer,  directly  or 
indirectly,  buys  or  traffics  in  or  in  anywise  becomes  a 
party  to  the  purchase  of  any  school  warrant,  order  or 
scrip,  or  any  bill,  account,  claim  or  evidence  of  in- 
debtedness against  his  school  district  or  corporation, 
for  any  sum  less  than  the  full  face  value  thereof,  is 
guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of is  punishable  by  a  fine  of  not  less  than  fifty  and 
not  exceeding  five  hundred  dollars. 

—15— 


prohib- 


226 


GENERAL  SCHOOL  LAWS 


APPENDIX  C 


DIGEST  OF  DECISIONS  OF  SUPREME 
COURT. 


Contracts. 


Issuance  of 
bonds. 


Invalid     bonds. 


Provision    for 
exchange   does 
not    destroy   ne- 
gotiability. 


Recitals   in 
bonds. 


CONTRACTS. 
1.     BONDS. 

(a)  Consideration — Want  of,  cannot  be  shown  as 
against  a  bona  fide  purchaser. — The  auditing,  by  the 
committee,  of  claims  against  the  district,  and  the  vote 
of  the  district  to  pay  such  claims,  and  the  issue  of 
bonds   accordingly,   precludes   any   inquiry   as   to  the 
validity  of  such  claims,  as  a  consideration   for  such 
bonds,  as  against  a  bona  fide  purchaser  of  such  bonds. 

Flagg  vs.  School  District  No.  70,  4  N.  D.  50. 
Flagg  vs.  School  District  No.  jo,  5  N.  D.  191. 

(b)  Issuance  of  Bonds — Strict  Compliance     with 
Statute. — Where  a  statute  authorizes  the  issue  of  mu- 
nicipal bonds  payable  in  not  less  than  10  years  from 
date,  bonds  issued  thereunder,  payable  in  11  days  less 
than  ten  years  from  date,  are  void,  even  in  the  hands 
of  a  'bona  fide  purchaser.      ' 

People's  Band  of  St.  Paul  vs.  School  District  No. 
52,  3  N.  D.  496. 

(c)  Invalid  Bonds — Municipality     Otherwise  Li- 
able— The  invalidity  of  such  bonds  does  not  affect  the 
liability,  if  any,  of  the  municipality,  independently  of 
the  bonds. 

People's  Bank  of  St.  Paul  vs.  School!  District  No. 
52,  3  N.  D.  496. 

(d)  Provision  for  Exchange  Does  Not  Destroy 
Negotiability. — An  instrument  providing  for  the  pay- 
ment of  exchange  on  a  point  other  than  the  place  of 
payment,  in  addition  to  the  principal  and  interest,  is 
not  a  negotiable  instrument ;  and  one  who  purchases 
the  same  before  maturity,  for  value,  and  without  no- 
tice of  any  defense  thereto,  nevertheless,  takes  it  sub- 
ject to  the  defense  of  want  of  consideration  good  as 
between  the  original  parties  to  the  instrument. 

Flagg  vs.  School  District  No.  70,  4  N.  D.  30. 

(e)  Recitals  in  Bonds — Estoppel     to     Dispute. — 
Municipal  corporations  are  estopped,  as  against  bona 


STATE   OF   NORTH   DAKOTA 


227 


fide  holders  of  municipal  bonds,  from  setting  up  as  a 
defense  to  an  action  thereon  that  all  the  preliminary 
steps  necessary  to  authorize  the  issue  of  the  bonds 
were  not  taken,  when  the  officers  who  have  charge 
of  the  issue  of  such  bonds  are  especially  or  impliedly 
authorized  to  determine  whether  all  the  conditions 
precedent  to  the  issue  of  valid  bonds  have  been  com- 
plied with,  and  recite  in  the  bonds  so  issued  that  they 
have  been  complied  with. 

!     Colcr  vs.  Dwight  School  Township,  3  N.  D.  249. 

(f)  Recital!  in  Bonds  —  Non-Negotiable.  —  The 
right  of  a  bona  fide  purchaser  of  municipal  bonds  to 
rely  upon  a  recital  or  certificate  as  to  facts  which  the  same. 
person  making  the  same  had  authority  to  determine, 
does  not  depend  upon  the  bond  being  a  negotiable  in- 
strument. It  exists  in  the  case  of  a  bona  fide  pur- 
chaser of  a  non-negotiable  bond  as  well. 

Flag'g  vs.  School  District  No.  70,  4  N.  D.  30. 

It  is  not  essential  that  the  officer  issuing  the  bonds 
should  be  expressly  authorized  to  determine  such 
question,  but  it  is  sufficient  if  they  are  given  full  con- 
trol in  the  matter. 

Colcr  zis.  D  wight  School  Township,  3  N.  D. 


PROHIBITED   CONTRACTS. 

(a)  Prohibited  Contracts,  Retention  of  Fruits  of, 
Does  Not  Render  Municipality  Liable.  —  Where  a  con- 
tract is  expressly  prohibited  or  declared  void  by  stat-  frra°ctlbite 
ute,  retention  of  the  fruits  of  such  contract  will  not 
subject  a  municipality  to  liability  under  the  contract 
or  on  a  quantum  meruit. 

'Goose  River     Bank   vs.     Willow  Lake     School 

Township,  I  N.  D.  26. 

Capital  Bank  of  St.  Paul  vs.  School  District  No. 
53,  i  N.  D.  479. 

II.     TEACHERS. 

(a)  Employment  —  Void  without  Certificate.  —  A 
contract  duly  executed  between  the  proper  officers  of 
a  school  district  and  another  person,  by  the  terms  of  Employment_ 
which  said  person  is  employed  as  a  teacher  in  a  pub- 
lic school  in  said  district,  is  void,  where  such  person 
at  the  time  of  making  the  contract,  holds  ho  certificate 
of  authority  to  teach  in  the  county  where  the  district 
is  located. 

Hosmer  vs.  Sheldon  School  District  No.  2,  4  N- 
D.  197. 


void    without 
certificate. 


228 


GENERAL  SCHOOL  LAWS 


Assignee — 
bona    fide   pur- 
chasers. 


Rights   ai;d 
duties    of    pur- 
chasers of 
warrants. 


(<b)     Certificate  Will  Not  Relate  Back.— The  sub- 
Certificate  win    sequent  procurement  of  such  certificate  will  not  enable 
:'  such  person  to  recover  against  the  district     damages 
for  the  breach  of  such  contract. 

Hosmcr  vs.  Sheldon  School  District  No.  2,  4.  N- 
D.  I97. 

III.     WARRANTS. 

(a)  Assignee — Bona  Fide  Purchasers. — As  school 
warrants  are  not  negotiable  so  as  to  cut  off  defenses 
an  assignee  cannot  recover  thereon  as  being  a  bona 
fide  purchaser. 

Goose  River     Bank  vs.     Willow  Lake     School 

Town-ship,  I  N.  D.  26. 
Capital  Bank  of  St.  Paul  vs.  School  District  No. 

53,  i  N.  D.  479. 
People's  Bank  of  St.  Paul  vs.  School  District  No. 

52,  3  N.  D.  496. 

(b)  Rights  and  Duties  of  Purchasers  of  Warrants. 
—Persons  purchasing  obligations  apparently  issued  by 
municipal  corporations  must  see  that  the  powers  of 
the  corporation  have  not  been  exceeded. 

Fanners  and  Merchants'  Nat.  Bk.  vs.  School  Dis- 
trict No.  53,  6  Dakota  255. 

The  purchasers  of  school  bonds,  for  value,  and  be- 
fore maturity,  and  without  notice  that  any  of  the  con- 
ditions of  the  statute  relating  to  the  proceedings  to 
authorize  the  issue  of  the  bonds  had  not  been  com- 
plied with,  could  rely  upon  the  certificate  of  the  coun- 
ty clerk  that  the  preliminary  proceedings  had  been 
complied  with. 

Flagg  vs.  School  District  No.  jo,  4  N.  D.  30. 
Where  the  statute  provides  that  the  bonds  should 
not  issue  unless  the  title  to  the  school  site  was  in  the 
school  board,  the  certificate  of  the  county  clerk  that 
such  conditions  as  to  title  had  been  complied  with  was 
final  as  against  the  school  district  in  favor  of  a  bona 
fide  purchaser. 

Flagg  vs.  School  District  No.  70,  4  N.  D.-  30. 

(c)  Teachers       Without     Certificates — Warrants 
Void. — No  teacher  shall  be  employed  to  teach,  who 
does  not  hold  a  lawful  certificate;  and  every  warrant 
issued  to  such  teacher   is   without  consideration  and 
void. 

^Goose  River   .Bank  vs.     Willow  Lake     School 
Township,  i  N.  D.  26. 


Teachers     with- 
out   certificates 

— warrants 
void. 


STATE   OF  NORTH   DAKOTA 


229 


(d)     Non-negotiable    Warrants. — School    township 
warrants  are  not  negotiable  instruments  in  the  sense     Non-negotiable 
that  their  negotiation  will  cut  off  defenses  to  them  ex- 
isting against  them  in  the  hands  of  the  payee. 

Goose  River     Bank  vs.     Willow  Lake     School 
Township,  I  N.  D.  26. 


OFFICERS. 
IV.     SUPERINTENDENT  OF  SCHOOLS. 

County  Superintendents — Compensation. — Sec.  652, 
Rev.  Codes,  which  prescribes  the  salaries  of  county 
superintendents  of  schools,  construed,  and  held,  that 
said  section  requires  the  salaries  shall  be  computed  compensation, 
upon  the  basis  of  the  number  of  schools  or  separate 
departments  of  graded  schools  presided  over  by 
superintendents,  which  have  been  taught  at  least 
three  months  in  the  preceding  year,  and  shall  not  be 
computed  upon  the  number  of  schools  which  have 
been  taught  less  than  three  months.  This  construc- 
tion of  said  section  is  not  of  that  doubtful  character 
which  would  warrant  the  courts  in  following  a  con- 
trary interpretation  placed  thereon  by  the  department 
of  public  instruction. 

Wiles  vs.  Mclntosh,  10  N.  D.  594. 

That  portion  of  Section  652,  Rev.  Codes,  1899.. 
which  provides  that  "in  counties  having  sixty  schools 
the  board  of  county  commissioners  shall  appropriate 
one  hundred  dollars  for  clerical  assistance  in  the 
county  commissioner's  office  and  five  dollars  for  each 
additional  school  to  be  paid  monthly.  '*  *  *"  con- 
strued. Held,  That  the  appropriation  required  to  be 
made  by  said  section  is  not  for  the  personal  benefit  of 
superintendents,  but  is  to  create  a  fund  to  pay  the 
county's  obligations  to  such  clerks  as  shall  be  lawfully 
employed  in  that  office.  Held,  further,  that  said  sec- 
tion does  not  make  county  superintendents  custodians 
of  such  funds,  or  authorize  them  to  audit  the  accounts 
of  clerks  which  are  to  be  paid  therefrom.  Such  ac- 
counts are  to  be  audited  and  paid  the  same  as  other 
accounts,  the  amounts  of  which  are  not  fixed  by  law. 
State  vs.  Heinrich,  n  N.  D.  31,  88  N.  W.  Rep. 


230 


GENERAL  SCHOOL  LAWS 


Judgment 
against     school 
district — en- 
forcement. 


Mandamus 
proceedings. 


SCHOOL  DISTRICTS. 
V.    JUDGMENTS. 

(a)  Judgment  Against  School  District — Enforce- 
ment.— Where  a  judgment  is  obtained  against  a  school 
township  organized  under  chapter  44  of  the  laws  of 
1883,  on  an  indebtedness  of  a  school  district  for  whose 
indebtedness  such  school  township  became  liable  un- 
der section  144  of  such  statute,  the  judgment  creditor 
may  proceed  to  enforce  such  judgment,  the  same  as 
any  other  judgment  against  such  school  township. 

Coler  vs.  Chopin — 7  N.  D.  418. 

(b)  Mandamus  to  Compel  Payment  of  Judgment. 
— Where  a  judgment  is  obtained  against  such  a  town- 
ship on  an  indebtedness  of  a  school  district  and  subse- 
quent to  the  entry  of  such  judgment  the  township  is 
divided  into  two  school  districts,  the  judgment  cred- 
itors may  proceed  to  enforce  such  judgment  against 
such  districts,  and  each  will  be  required  by  mandamus 
to  levy  a  tax  sufficient  to  pay  its  pro  rata  share  of  such 
indebtedness,  based  upon  the  amount  of  its  taxable 
property. 

Coler  vs.  Choppin. — 10  N.  D.  86. 

VI.     ORGANIZATION  AND  GOVERNMENT  OF  SCHOOLS. 

I.       POWERS    AND    DUTIES    OF    SCHOOL    BOARDS. 

(a)  Build  School  Houses  and  Issue  Warrants — 
When. — Where  the   statute   required  that  the  voters 
of  a  school  district  should  select  a  site  for  a  school 
house,  and  the  district,  without  this  having  been  done, 
select  it,  built  a  school  house  and  issued     warrants 
therefor  without  the  authority  or  ratification  of  the 
voters,  the  warrants  were  void. 

Farmers  and  Merchants'  Nat.  Bk.  vs.  School  Dis- 
trict No.  53,  6  Dakota  255. 

(b)  \Contracts    Ultra   Vires — Ratification. — Where 
a  contract  is  void  because  the  district  board  has  no  au- 

£res— ratifies!- a    thority  "to  make  it,  it  cannot  be  made  binding  upon  the 

tion.  district  by  subsequent  ratification  by  the  inhabitants. 

Capital  Bank  of  St.  Paul  vs.  School  District  No. 

53,  i  N.  D.  479,  distinguishing  Capital  Bank 

of  St.  Paul  vs.  School    District  No.  85,  6  Dak. 

248.  Farmers  and  Merchants'  National  Bank  vs. 

School  District  No.  53,  6  Dak. 


warrants — 
when. 


STATE   OF   NORTH   DAKOTA 


231 


(c)  Limitation  of  Indebtedness. — The  school  board    JjgU^Mss* 
cannot  exceed  the  tax  levied,  in     building     a  school 

house. 

Farmers  and  Merchants'  Nat.  Bk.  vs.  School!  Dis- 
trict No.  53,  6  Dak-  255.  Capital  Bank  of  St. 
Paul  vs.  School  District  No.  85,  6  Dak.  248. 
Capital  Bank  of  St.  Paul  vs.  School  District  No. 
53,  i  N.  D.  479. 

(d)  School  Board  Responsible  for  Lost  Funds. — 
Where  bonds  were  regularly  issued,  but  were  deliv- 
ered to  a  bank  to  be  negotiated  and  sold,  and  the  pro-    ^sponliblJ^for 
ceeds  were  never  turned  over  to  the  school  township,    lost  funds, 
the  school  board  was  wholly  responsible  for  the  loss. 

Prairie  School  Township  vs.  Haseleu,  3  N.  D. 
328. 

(e)  School     Towmship     Treasurer — Cannot     Sell 
Bonds. — The  school  board  i's  the  official     governing 

board  of  the  school  township  and  has  full  power  and    fjJsJf^JJJJi 
authority,  to  issue,  negotiate,  and  sell  bonds  of  the    Cannot  sell 
school  township,  as  have  been  duly  voted  by  the  elec- 
tors for  the  purpose  of  building  a  school  house;  and 
that  the  township  treasurer  acting  independently,  has 
no  authority,  under  the  law,  and  by  virtue  of  his  office 
as  treasurer,  to  issue,  negotiate,  or  sell  bonds. 

Prairie  School  Township  vs.  Haseleu,  3  N.  D. 


bonds. 


(f)     School  House  Site— How  Selected.— The  dis- 
trict school  board  must  submit  the  selection  of  site  for    {S^jS^SS. 
school  house,  and  the  building  of  school  house  to  the    ected- 
voters. 

Partners  and  Merchants'  Nat.  Bk.  vs.  School  Dis- 
trict No.  53,  6  Dakota  255. 

2.       POWERS  AND  LIABILITIES  OF  SCHOOL  DISTRICTS. 

(a)  Boundaries  of  School  Districts — How 
Changed. — When  petitioned  by  a  majority  of  the  cit- 

^    .          ,.        .      r.      .       ,         ,  f     \          J  Boundaries   of 

izens  of  a  district,  it  is  the  duty  of  the  county  super-    school   districts 
intendent  to   divide   his   county   into  school   districts, 
subdivide  and  rearrange  the  boundaries  of  the  same. 
Dartmouth  Savings  Bank  vs.  School  District  6 

Dak.  332. 

Upon  organizing  into  a  civil  township  of  a  portion 
of  the  territory  comprising  a  school  township  corpor- 
ation, held,  construing  sections  658  and  659  revised 


— how    changed. 


232  GENERAL  SCHOOL  LAWS 

codes,  that  such  civil  township  continues  until  segre- 
gated therefrom  by  the  commissioners  and  county  su- 
perintendent of  schools,  upon  petition  of  the  voters. 
State  ex.  rcl.  Laird  vs.  John  Gang,  10  N.  D. 


Esto    ei  by  (^)     Estoppel  by  Acts  or  Representations  of  Offi- 

acts°Por  repre-    cer  s.  —  The  officers  of  a  school  township  cannot  estop 

officers?"3  °       the  township,  by  representation,  expressed  or  implied, 

that  the  facts  to  authorize  the  issue  of  lawful  warrants 

exist. 

Goose  River     Bank  vs.     Willow  Lake     School 
Township,  i  N.  D.  26. 

(c)     Implied  Powers.  —  School  districts  being  spe- 
impiied  powers,  cial  statutory  creations,  have  only  such  implied  powers 
as  are  necessary  to  accomplish  the  purpose  of  their 
existence. 

Farmers  and  Merchants'  Nat.  Bk.  vs.  School  Dis- 
trict No.  53,  6  Dakota  255. 

Organization  —       (d)     Organisation  —  Estoppel  '    to        Dispute.  —  A 
euteppel  t0  dis"  scnool  district  is  not  estopped  to  question  the  legality 
of  its  organization. 

Dartmouth  Savings  Bank  vs.  School  District  6 
Dak.  332. 

(e)     Organisation  of  District  —  Liability  for  Debts. 
f  —  A  school  township  organized  under  chapter  44,  laws 

Organization    of    .,  ,->,-.„      ,  •  «•    ,    •,  i  ,« 

district—  Ha-        1883,  becomes,   immediately  upon   such  organization, 


bility   for  debts.    Hable    for    the    debts    Qf    the    ^strict,    the    school    hoUSC 

and  furniture  of  which  becomes  the  property  of  the 
school  township.  This  liability  is  complete,  and  does 
not  depend  upon  the  settlement  of  the  equities  between 
the  several  districts  included  in  the  new  school  town- 
ship, under  sections  136,  138,  chapter  44,  laws  1883. 

Color  vs.  D^vight  School  Township,  3  N.  D.  249. 

Coler  vs.  Coppin,  10  N.  D.  86. 
(f)  Petition  for  Organisation  of  School  District 
—  Sufficiency  —  The  board  of  county  commissioners 
organization  of  having  f  ound  that  a  certain  "petition  for  the  organiza- 
^on  °^  a  c*v^  township  contained  the  requisite  number 
of  legal  voters,  and  having  acted  thereon  by  taking 
necessary  steps  to  organize  such  township,  the  ques- 
tion as  to  the  sufficiency  of  such  position  is  not  open 
to  judicial  investigation  in  mandamus  proceedings  to 
compel  the  calling  of  an  election  for  school  officers  in 
such  township. 

State  ex.  rel  vs.  John  Gang  10  N.  D. 


STATE   OF   NORTH   DAKOTA 


233 


(g)     Special  School  District  —  Equalization  of  In- 
terests. —  Where  a  school  district  is  divided  by  the  or- 
ganization of  a  city  or  incorporated  town  or  village    Special  school 
situated  within  said  district,  into  a  special  school  dis- 


trict,  under  the  provisions  of  chapter  62  of  the  laws  €Sts- 
of  1890,  the  board  of  arbitration  provided  for  by  such 
chapter  to  equalize  the  interests  of  said  districts  must 
take  into  consideration  the  school  building  owned  by 
the  original  district,  and  adjust  the  rights  of  the  re- 
spective districts  concerning  the  same. 

State  ex.  rel  -us.  School  District  No.  21,  6  N.  D. 


(h)     De  Facto  Corporations — Validity  of    Bonds. 
—In  an  action  upon  the  coupons  of  bonds  issued  by 
a  de  facto  school  district,  the  defense  that  the  bonds       ratons—  °vai- 
were  void  on  the  ground  that  the  district  had  no  legal    idity  of  bonds- 
existence  because  of  failure  to  comply  with  the  provi- 
sions of  the  statute  regulating  the  organization     of 
such  districts  in  matters  which  went 'to  the  jurisdic- 
tion of  the  county  superintendent  to  organize  the  dis- 
trict cannot  be  interposed. 

Coler  vs-  Wright  School  District,  3  N.D.  249,  Dis- 
tinguishing Dartmouth  Savings  Bank  vs. 
School  District  6  N.  D.  332. 

VII.     PAYMENTS. 

Public  Funds — Voluntary  Payment  Can  be  Recov- 
ered Back. — Where     overpayments,  out     of      public 
funds,  were  made  under  a  mistake  of  facts,  and  were    Public  funds, 
induced  by  plaintiff's  false  statements,  they  were  not     . 
voluntary  payments,  and  can  therefore  be  recovered 
back  by  the  county ;  and  that  the  doctrine  of  voluntary 
payment  does  not  apply  to  payments     from     public 
funds  by  agents  of  municipal  corporations  whose  du- 
ties and  powers  in  reference  thereto  are  limited  and 
defined  by  law. 

Wiles  vs.  Mclntosh,  10  N.  D.  594. 


OFFICIAL  BONDS. 
VIII.       PRINCIPAL  AND  SURETY. 

Treasurer     Liable     on     Official     Bond  —  When.  —  • 
Where  bonds  were  not  delivered  to  the  treasurer  for    Treasurer  liable 
negotiation  and  sale  an  action  will  not  lie  against  the    ™ 


234  GENERAL  SCHOOL  LAWS 

treasurer  or  his  sureties,  on  his  official  bonds  for  a 

breach  of  the  conditions  of  such  bond,  which  requires 

the  treasurer  to  account  for  and  pay  over  all  moneys 

and  property  which  comes  into  his  hands  as  treasurer. 

Prairie  School  Township  vs.  Haseleu,  5  N.  D. 

328. 


APPENDIX  D 

NOTES   AND   REFERENCES. 

Note  1.     Section  343  fixes  the  bond  of  the  super- 
«ferences  intendent  of  public  instruction  at  $5,000. 

Note  2.  Section  343  fixes  the  bond  of  the  county 
superintendent  at  $500. 

Note.  3.  Article  9  provides  for  the  filling  of  vacan- 
cies. Section  359  provides  when  vacancies  occur. 

Sec.  359.      VACANCIES,  HOW  CAUSED.— Ev- 
ery office  shall  become  vacant  on  the  happening  of 
vacates,  h  *  either  of  the  following  events : 

1.  Death  of  incumbent. 

2.  His  insanity  judicially  determined. 

3.  His  resignation. 

4.  His  removal  from  office. 

5.  His  failure  to  discharge  the  duties  of  his  office, 
when  such  failure  has  continued  for  sixty  consecutive 
days,  except  when  prevented  from  discharging  such 
duties  by  sickness  or  other  unavoidable  cause. 

6.  His  failure  to  qualify  as  provided  by  law. 

7.  His  ceasing  to  be  a  resident  of  the  state,  dis- 
trict, county  or  township  in  which  the  -duties  of  his 
office  are  to  be  discharged,  or  for  which  he  may  have 
been  elected. 

8.  His  conviction  of  a  felony  or  any  offense  in- 
.  volving  moral  turpitude  or  a  violation  of  his  official 

oath. 

9.  His  ceasing  to  possess  any  of  the  qualifications 
of  the  office  prescribed  by  law. 

10.  The  decision  of  a  competent  tribunal  declaring 
void  his  election  or  appointment. 

See  also  section  863. 

Temporary  absence  from  the  district  for  which  the 
officer  is  chosen  does  not  work  a  forfeiture  of  the  of- 
fice. The  failure  to  elect  a  successor  in  office  does  not 
create  a  vacancy. 


STATE  OF  NORTH   DAKOTA  235 

Note  4.  Section  775  does  not  confer  upon  the 
county  superintendent  authority  to  take  acknowledge- 
ments. 

Note     5.         COUNTY       SUPERINTENDENT, 
SALARY  OF. — In  determining     the  salary     of  the    County  super- 
county  superintendent  that  officer  is  entitled  to  include    gaia?y  eSf.' 
the  actual  number  of  schools  or  separate  departments 
in  graded  and  high  schools  over  which  he  has  general 
superintendence,  or  official  supervision.        (See  Sec- 
tions 765  and  778.) 

The  fact  that  a  county  superintendent  becomes  per- 
sonally responsible  for  the  accounting  from  special 
and  independent  districts  as  to  reports  of  clerks  and 
treasurers,  which  must  be  filed  in  his  office  for  the  pur- 
pose of  statistics  and  the  apportionment  of  the  state 
school  fund,  does  not,  of  itself,  constitute  "general 
superintendence"  or  "official  supervision." 

Note  6.  Under  section  778  a  person  to  be  qualified 
to  hold  the  office  of  county  superintendent  must  hold 
a  state  certificate  or  a  first  grade  county  certificate. 
Such  first  grade  need  not  be  issued  in  the  county  in 
which  the  county  superintendent  resides,  but  must  be 
of  legal  effect  at  the  time  the  holder  assumes  the  du- 
ties of  the  office.  ' 

Note  7.  The  amendment  to  section  786  passed  by 
the  legislature  of  1899,  was  declared  to  be  unconstitu- 
tional by  the  supreme  court  in  the  case  of  Plummer 
vs.  Borsheim,  8  N.  D.  565,  N.  W.  Rep.  690.  This 
restores  section  786  of  the  revised  codes  of  1895, 
which  will  be  found  in  its  proper  place. 

Note  8.  Section  793,  revised  codes,  does  not  per- 
mit the  organization  of  a  district  when  there  are 
twelve  or  more  children  of  school  age  therein,  with 
the  requisite  amount  of  taxable  property,  as  specified 
by  section  786,  revised  codes. 

Note  9.  ELECTIONS,  TERMS  OF  OFFICERS. 
—No  vacancy  exists  to  be  filled  by  appointment  when 
a  school  board  fails  to  hold  an  election  at  the  time  pre-  ^f^ffkers terms 
scribed  when  a  school  board  fails  to  hold  an  election 
at  the  time  prescribed  in  article  4  of  the  general  school 
laws.  The  officers  whose  terms  expire  and  whose 
successors  would  have  to  be  chosen  at  a  regular  elec- 
tion do  not  vacate  their  office  but  hold  until  their  suc- 
cessors are  duly  elected  and  qualified  agreeably  to  the 
provisions  of  sections  797,  revised  codes. 


236 


GENERAL  SCHOOL  LAWS 


Who  entitled 
to  vote. 


Note  10.  Section  799  prescribes  who  is  qualified 
to  vote  or  hold  office  and  refers  to  the  following  sec- 
tion which  embodies  section  121  of  the  constitution. 

Sec.  605.  WHO  ENTITLED  TO  VOTE.— Ev- 
ery male  person  of  the  age  of  twenty-one  years  or  up- 
wards, belonging  to  either  of  the  following  classes, 
who  shall  have  resided  in  the  state  one  year,  and  in 
the  county  six  months,  and  in  the  precinct  ninety  days 
next  preceding  any  election,  shall  be  a  qualified  elec- 
tor at  such  election : 

First— Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent  who 
shall  have  severed  their  tribal  relations  two  years  next 
preceding  such  election,  provided,  he  has  complied 
with  the  provisions  of  any  law  which  is  now 
or  may  in  the  future  be  in  force  relating  to  the  reg- 
istration of  voters,  and  all  persons  possessing  the 
qualifications  mentioned  in  this  section,  and  who  have 
resided  in  this  state  one  year,  shall  be  eligible  to  any 
office  in  this  state,  except  as  otherwise  provided  in 
the  constitution;  provided,  however,  that  persons  shall 
vote  in  the  precinct  where  they  reside  and  not  other- 
Avise,  except  in  the  case  of  voters  otherwise  qualified, 
moving  from  one  voting  precinct  to  another,  within 
the  same  county,  in  which  case  they  shall  have  a  right 
to  vote  in  the  precinct  from  which  they  move  until 
they  have  resided  ninety  clays  in  the  precinct  to  which 
they  move. 

Note  11.  Section  807  provides  for  the  appoint- 
ment of  a  clerk. 

Note  12.  Section  808  provides  for  the  regular  meet- 
ings and  fixes  the  salary  of  each- director.  No  addition- 
al compensation  is  allowed  for  special  meetings. 

Note  13.  There  is  no  conflict  between  sections  817 
and  905  relating  to  a  breach  of  the  conditions  of  a 
school  treasurer's  bond.  Section  770  is  merely  cum- 
ulative prescribing  that  action  against  the  treasurer 
failing  or  neglecting  to  pay  over  funds  belonging  to 
the  district  may  be  begun  by  the  district  school  board, 
or  the  county  superintendent  or  any  taxpayer. 

Note  14.  SCHOOL  PRIVILEGES  FOR  NON- 
RESIDENT PUPILS.— Under  section  824,  revised 
codes,  the  school  board  is  empowered  "to  admit  pupils 
from  other  districts  when  it  can  be  done  without  in- 
jury or  overcrowding  such  schools."  The  board  is 
further  authorized  and  empowered  to  make  regula- 


School    privi- 
leges. 


STATE  OF  NORTH  DAKOTA 


237 


School    house, 
location  of. 


Enumeration. 


tions  for  their  admission  and  payment  of  tuition. 
Whether  or  not  any  provision  be  made  for  admission 
of  non-resident  pupils  is  discretionary  with  the  board. 

Note  15.  SCHOOL  HOUSE,  LOCATION  OF. 
— A  school  board  may  not  lawfully  erect  a  school 
house  upon  public  school  lands  unless  the  board  ac- 
quires title  to  the  site  the  same  as  title  would  be  ac- 
quired to  any  other  land. 

Note  16.  ENUMERATION.— Persons  can  be 
enumerated  only  in  the  district  in  which  they  have  a 
legal  residence.  The  legal  residence  of  a  parent  or 
guardian  is  the  legal  residence  of  the  child.  Where 
a  party  resides  at  two  or  more  different  places  during 
the  same  year,  it  appears  by  the  decisions  of  various 
courts  that  it  is  a  privilege  of  said  party  to  determine 
which  place  is  his  legal  residence  unless  he  exercises 
his  rights  of  citizenship,  for  instance,  by  voting  or  at- 
tending caucus  at  one  place  or  the  other.  Such  ac- 
tion would  indicate  his  real  intention. 

Note  17.  STATE  SCHOOL  FUND  NOT  TO 
BE  USED  IN  SUPPORT  OF  PRIVATE  OR  DE- 
NOMINATIONAL SCHOOLS.— Under  section  152 
or  article  8  of  the  constitution  no  money  raised  for  the 
support  of  public  schools  of  the  state  shall  be  appro- 
priated or  used  for  the  support  of  any  sectarian  school. 
There  is  nothing  contained  either  in  the  constitution 
or  statutes  which  warrants  any  other  use  of  the  funds 
than  for  the  support  of  the  common  schools. 

Note  18.  TEACHERS'  PERMITS.— A  permit 
to  teach  must  not  be  issued  to  a  person  under  the  age 
of  18  years.  , 

Note'  19.  TEACHERS'  CONTRACT  NOT  AF- 
FECTED BY  CHANGE  IN  ORGANIZATION  OF 
DISTRICT. — A  contract  made  and  entered  into  be- 
tween a  general  school  district  and  a  teacher  is  not 
modified  by  reason  of  reorganization  of  said  general 
district  into  a  special  district  during  the  time  for 
which  the  contract  was  made,  and  the  district  is  not 
relieved  from  the  fulfillment  of  the  obligation. 

Note  20.  TEACHERS'  SALARY  WHEN 
SCHOOL  CLOSED  ON  ACCOUNT  OF  QUAR- 
ANTINE.— If  under  the  general  quarantine  regula- 
tions a  school  be  closed  in  due  form,  the  teacher's 
right  to  collect  pay  for  the  time  school  was  closed  is 
governed  by  the  general  laws  relating  to  employer  and 


State   school 
fund. 


Teachers'   per- 
mits. 


Teachers' 
tracts. 


Teacher's  sal- 
ary. 


238 


GENERAL  SCHOOL  LAWS 


Teacher's    re- 


Treasurer's 
bond. 


employe.  During  the  time  said  school  is  closed  the 
teacher  is  under  contract  subject  to  the  pleasure  of  the 
board,  and  during  the  existence  of  such  contn  ct  is 
unable  to  be  a  party  to  another. 

Note  21.  TEACHER'S  REPORT  AND  SAL- 
ARY.— A  teacher  is  entitled  to  pay  at  the  close  of 
each  month's  work,  except  for  the  last  month  in  any 
port" aiuf  salary,  term,  when  the  same  may  be  withheld  until  correct 
reports  are  made  and  filed  by  the  teacher,  as  provided 
by  section  881,  revised  codes.  This  section  does  not 
authorize  the  withholding  of  the  teacher's  wages  for 
any  other  month  in  the  term. 

Note  22.  Section  913  requires  the  certificate  of 
the  county  auditor  in  addition  to  section  187  of  the 
constitution  and  other  statutes  as  to  the  issue  being 
within  the  debt  limit.  (  These  are  applicable  to  spe- 
cial and  independent  districts  as  well  as  general  dis- 
tricts. 

Note  23.  TREASURER'S  BOND.— In  a  special 
school  district  the  treasurer  of  the  city,  town  or  village 
is  treasurer  of  the  board  of  education.  By  reason 
of  being  under  bond  as  treasurer  of  a  municipal  cor- 
poration he  is  not  relieved  thereby  from  giving  bond 
as  treasurer  of  said  school  district,  under  section  968, 
revised  codes. 

Note  24:.  ALIENS  NOT  ENTITLED  TO  A 
CERTIFICATE  OR  PERMIT.— Under  section  875 
a  county  superintendent  is  forbidden  to  issue  a  certifi- 
cate or  permit  to  teach  to  any  party  who  is  not  a  citi- 
zen of  the  United  States  unless  he  has  resided  in  the 
United  States  one  year  last  prior  to  the  time  of  such 
application  for  such  certificate  or  permit.  A  declar- 
ation of  citizenship  alone  does  not  entitle  one  to  either 
certificate  or  permit. 

Note  25.  Section  1269  provides  for  the  designa- 
tion of  an  accounting  officer  for  each  public  institu- 
tion and  defines  his  duties. 

Note  26.  Sections  6710  and  6711  pertaining  to 
holidays  are  as  follows: 

Sec.  6710.       HOLIDAYS.— Holidays     are     every 
Sunday;  the  first  day     of  January,     which     is  New 
Holidays.  Year's  day ;  the  twelfth  day  of  February,  which  is  the 

birthday  of  Abraham  Lincoln ;  the  twenty-second  day 
of  February,  which  is  the  birthday  of  George  Wash- 
ington; the  fourth  day  of  July,  which  is  the  anniver- 


Aliens. 


STATE   OF   NORTH   DAKOTA 


239 


When 

ing   day   holi- 
day. 


Bond. 


sary  of  the  Declaration  of  Independence;  the  twenty- 
fifth  day  of  December,  which  is  Christmas  day;  the 
thirtieth  day  of  May,  which  is  Memorial  day;  the 
first  Monday  in  September,  which  is  labor  day ;  every 
day  on  which  an  election  is  held  throughout  the  state 
and  every  day  appointed  by  the  president  of  the  Unit- 
ed States  or  by  the  governor  of  tb>*  state  for  a  pub- 
lic fast,  thanksgiving  or  holiday. 

Sec.  6711.  WHEN  FOLLOWING  DAY  HOLI- 
DAY.—If  the  first  day  of  January,  twelfth  day  of 
February,  the  twenty-second  day  of  February,  the 
fourth  day  of  July,  the  thirtieth  day  of  May,  or  the 
twenty-fifth  day  of  December  falls  upon  a  Sunday,  the 
Monday  following  shall  be  the  holiday. 

Note  28.  Section  401,  relating  to  bonds  by  offi- 
cers, is  as  follows: 

Sec.  401.  Each  civil  officer  elected  by  the  people 
or  appointed  by  the  governor  or  by  any  other  author- 
ity, provided  by  law,  except  the  governor  and  the  offi- 
cers and  members  of  the  legislative  assembly,  judges 
of  the  supreme  and  district  courts,  county  commis- 
sioners, court  stenographer,  the  mayor  and  aldermen 
in  cities,  the  president  and  trustees  in  villages,  but 
including  township  treasurers,  clerks,  justices  of  the 
peace  and  constables,  shall,  before  entering  on  his  du- 
ties, give  a  bond  conditioned  for  the  faithful  and  im- 
partial discharge  of  the  duties  of  his  office  (naming  it 
fully),  and  render  a  true  account  of  all  moneys  and 
property  of  every  kind  that  shall  come  into  his  hands 
as  such  officer  and  pay  over  and  deliver  the  same  ac- 
cording to  law. 

Note  29.  Section  403,  relating  to  the  approval  of 
bonds,  is  as  follows : 

Sec.  403.  APPROVAL  OF  BONDS.— The  bonds 
of  all  state  and  district  officers  shall  be  given  to  the 
state,  shall  be. approved  by  the  governor  as  to  sufficien-  Approval  of 
cy,  and  by  the  attorney  general  as  to  form  and  such 
bonds  and  a  duplicate  original  of  the  oaths  of  all  such 
officers  shall  be  deposited  in  the  office  of  the  secre-' 
tary  of  state.  The  secretary  of  state  shall  keep  a 
book  in  which  shall  be  made  a  correct  copy  of  such 
bond,  which  shall  be  called  the  "bond  record"  and, 
when  such  bonds  shall  have  been  recorded  they  shall 
be  deposited  with  and  kept  on  file  in  the  office  of 
the  state  treasurer,  except  the  bond  of  the  state  treas- 
urer, which  shall  be  deposited  with  and  keot  on  file  in 


bonds. 


240 


GENERAL  SCHOOL  LAWS 


Public  institu- 
tions to  use. 


the  office  of  the  state  auditor.  The  secretary  of  state 
and  state  treasurer  on  receipt  of  such  bonds  shall  issue 
a  receipt  therefor  and  such  receipt  shall  be  filed  in  the 
office  of  the  state  auditor.  The  bonds  of  all  county, 
township  and  municipal  officers  under  the  county  shall 
be  approved  by 'the  states  attorney  as  to  form  and  by 
board  of  county  commissioners  as  to  sufficiency,  and 
such  bonds  and  a  duplicate  original  of  the  oaths  of 
office  of  all  other  such  officers  shall  be  filed  with  the 
county  auditor,  except  the  bond  and  oath  of  state 
auditor,  which  shall  be  filed  with  the  clerk  of  the 
district  court  for  the  county  or  judicial  subdivision. 
The  bonds  of  township  officers  shall  be  approved  by 
the  chairman  of  the  board  of  supervisors  of  the  town- 
ship. 

Note  30.  The  use  of  lignite  coal  is  made  obliga- 
tory by  the  following  section : 

Sec.  1290.  PUBLIC  INSTITUTIONS  TO  USE. 
— The  various  state  institutions,  county  buildings  and 
public  school  houses  of  this  state  shall  use  for  fuel, 
native  or  lignite  coal,  and  it  shall  be  unlawful  for  any 
officer  to  purchase  for  use  in  institutions,  county  build- 
ings, and  public  schools  any  coal  other  than  that  taken 
from  the  mines  within  the  boundaries  of  this  state ; 
provided,  that  the  comparative  cost  of  such  fuel  is  not 
greater  than  that  of  lignite  coal.  This  section  shall 
not  be  construed,  however,  as  prohibiting  the  use  of 
wood  at  such  institutions,  county  building  and  public 
schools,  when  the  cost  thereof  does  not  exceed  that  of 
native  coal,  or  the  use  of  coal  other  than  native  lignite 
at  such  public  schools  as  are  located  six  miles  or  more 
from  any  mine  or  railroad  station  within  the  boundar- 
ies of  this  state;  provided,  that  the  comparative  cost 
of  such  fuel  is  not  greater  than  that  of  lignite  coal. 

Note  31.  Section  433  authorizes  the  superintend- 
ent of  public  instruction  and  other  state  and  county 
officers  to  appoint  deputies  and  prescribes  the  manner 
of  appointment. 

Note  32.  The  oath  of  office  prescribed  by  Sec- 
tion 211  of  the  constitution  is  as  follows:  "I  do  sol- 
Oath  of  office,  emnly  swear  (or  affirm,  as  the  case  may  be)  that  I 
will  support  the  constitution  of  the  United  States  and 
the  constitution  of  the  state  of  North  Dakota;  and 
that  I  will  faithfully  discharge  the  duties  of  the  office 

of according  to  the  best  of  my  ability, 

so  help  me  God"  (if  under  oath),  (under  pains  and 


Deputies. 


STATE   OF  NORTH  DAKOTA 


241 


Fidelity    bonds. 


penalties  of  perjury),  if  an  affirmation,  and  no  other 
oath,  declaration,  or  test  shall  be  required  as  a  qualifi- 
cation for  any  office  or  public  trust. 

Sec.  408.  FIDELITY  BONDS.— Whenever  any 
county,  township,  city,  village  or  school  district  officer, 
hereafter  elected,  shall  be  required  by  law  to  give  or 
furnish  a  bond  for  the  faithful  performance  of  his 
duties,  such  bond  may  be  executed  by  some  respon- 
sible surety,  fidelity,  insurance  or  bonding  company, 
authorized  and  qualified  to  do  business  within  the  state 
of  North  Dakota,  and  approved  by  the  board  of  com- 
missioners, trustees,  supervisors,  council  or  directors 
charged  with  the  approval  of  the  same ;  the  premium 
for  such  bond  shall  be  audited  by  such  board  and  paid 
out  of  the  general  fund  of  the  county,  township,  city 
or  school  district,  as  the  case  may  be,  for  whose  benefit 
the  same  is  given.  ' 

This  act  shall  not  affect  the  provisions  of  section 
343a  of  the  revised  codes  relating  to  county  treasurers, 
nor  the  furnishing  of  a  personal  bond  by  any  officer 
as  may  be  provided  for  by  any  existing  law. 


APPENDIX  E 


SCHOOL  CALENDAR. 

JANUARY. 

First   Monday    (odd   numbered   years) — Terms   of 
office  of  state  superintendent  begin. 

Second     Tuesday — Regular     meeting     of     district 
school  board. 

FEBRUARY. 

Third  Monday — Apportionment     of     state     tuition 
fund. 

MARCH. 

Second   Friday — County  examination   for  teachers 
certificates. 

APRIL. 

Second     Tuesday — Regular     meeting     of     district 
school  board. 

MAY. 

Last   Friday — County      examination       for  teachers 
certificates. 

Third   Monday — Apportionment     of   state     tuition 
fund.  ! 

—16— 


School    calendar 


242  GENERAL  SCHOOL  LAWS 

JUNE. 

District  clerks  to  take  enumeration  before  June  20. 

At  least  fifteen  days  before  first  Tuesday — District 
school  board  designates  polling  places  and  causes 
three  notices  of  election  to  be  posted. 

'First  Tuesday — Annual  school  election  at  8  p.  m. 

Within  five  days  after  annual  election — Clerk  to 
furnish  each  person  elected  with  a  written  notice  of 
election. 

Within  ten  days  after  annual  election — District 
clerk  forwards  to  county  superintendent  a  certified  list 
of  all  officers  elected. 

Third  Tuesday — Annual  election  in  special  dis- 
tricts. 

Thirtieth — School  year  ends. 
JULY. 

1st. — School  year  begins. 

1st. — Assessor  furnishes  school  district  clerk,  coun- 
ty superintendent  and  auditor  the  amount  of  assessed 
valuation.  ' 

Second  Tuesday — Regular  meeting  of  district 
school  board. 

Second  Tuesday — District  school  board  organizes 
and  elects  a  president  and  clerk. 

Second  Tuesday  (on  or  before) — School  treasurer 
gives  bond  and  qualifies. 

Before  20th — District  school  board  and  board  of 
education  levy  tax. 

Immediately  thereafter — District  clerk  and  clerk  of 
board  of  education  notify  county  auditor  the  amount 
levied.       Section  721  and  801. 
AUGUST. 

Third  Monday — Apportionment  of  state  tuition 
fund.  Section  711. 

'Last  Friday — County  examination  for  teachers 
certificates. 

OCTOBER. 

Second  Tuesday — Regular  meeting  of  district 
school  board. 

Last  Friday — County  examination  for  teachers. 
NOVEMBER. 

1st. — (On  or  before  in  even  numbered  years)  — 
Superintendent  makes  report  to  governor. 

First  Tuesday  after  first  Monday  (in  even  num- 
bered years) — Election  of  superintendent  and  county 
superintendent. 


STATE   OF   NORTH   DAKOTA 


243 


Third   Monday — Apportionment     of     state  tuition 
fund. 

DECEMBER. 

1st  (On  or  before  in  even  numbered  years) — The 
report  of  the  state  superintendent  is  printed. 


APPENDIX  F 


Appeals. 


RULES  AND  FORMS  PERTAINING  TO  OPINIONS,  DECIS- 
IONS   AND    APPEALS. 

See  sections  629,  644  and  645. 

Decisions  by  the  superintendent  of  public  instruc- 
tion will  be  given  only  when  appeals  are  made  in  due    Decisions, 
form  from  decisions  of  county     superintendents     of 
schools. 

Appeals  must  be  made  through  the  office  of  county 
superintendent,  and  in  the  form  prescribed  by  this  of- 
fice. 

The  county  superintendent  will  transmit  an  appeal, 
with  a  copy  of  the  decision  from  which  it  is  taken, 
to  this  office,  with  all  papers  and  all  the  testimony 
offered  by  parties  interested  and  upon  which  his  deci- 
sion is  based,  and  he  will  state  any  further  informa- 
tion he  may  possess  which  has  affected  his  decision. 
To  all  of  which  he  shall  attach  his  certificate  and  offi- 
cial seal. 

All  appeals  from  decisions  of  school  boards  to  coun- 
ty superintendents  must  be  taken  within  sixty  days. 

All  appeals  from  decisions  of  county  superintend- 
ents to  the  superintendent  of  public  instruction  must 
be  taken  within  ninety  days. 

In  all  proceedings  relating  to  the  revocation  of 
teachers'  certificates  the  charge  must  be  made  in  writ- 
ing and  verified  the  same  as  pleadings  in  district 
courts.  Such  charges  must  be  filed  with  the  county 
superintendent,  and  a  copy  of  the  same  served  person- 
ally on  the  party  against  whom  such  charges  are 
made,  not  less  than  fifteen  days  before  the  day  set  for 
official  investigation  of  such  charges. 

All  allegations  must  be  verified  by  oath,  and  all  pe- 
titions must  be  accompanied  by  affidavits  to  the  effect 
that  the  petitioners  constitute  such  a  portion  of  the 
community  affected,  as  is  required  by  law. 


244 


GENERAL  SCHOOL  LAWS 


Opinions. 


Opinions  as  to  the  meaning  and  application  of  the 
law  in  all  school  matters  should  be  first  sought  from 
tne  county  superintendent.  County  superintendents 
submitting  questions  to  this  office  upon  the  meaning 
and  administration  of  the  law,  or  seeking  advice  of 
any  kind  relating  to  their  official  business,  will  be  an- 
swered cheerfully  and  as  promptly  as  the  business 
of  the  office  will  permit. 

Note — County  superintendents  have  no  jurisdic- 
tion in  imposing  fines,  or  in  removing  school  district 
officers  from  office. 

In  case  of  appeal  to  the  county  superintendent 
against  the  action  of  the  district  school  board,  the  ap- 
pellant shall  use  substantially  the  following  form : 


AFFIDAVIT  OF  APPEAL. 

STATE  OF  NORTH  DAKOTA,  ) 


Affidavit   of  ap-    County  of 
peal. 


VS. 

School  District    

I,   ., being  duly  sworn,  on  oath 

say :      that  on  the day  of 

A.  D.  190.  .,  the  school  board  of  said  school  district 
rendered  a  decision  (or  made  an  order)  whereby 
(here  state  facts,  affiants  interest  in  the  decision,  and 
the  jury  to  that  interest)  ;  that  the  school  board  in 
rendering  the  decision  (or  making  the  order)  afore- 
said, committed  errors  as  follows.  (Here  state  er- 
rors charged.) 


Subscribed  and  sworn  to,  by     , 

before  me  this day  of ,  A.  D. 

19.  . 


NOTICE    TO    CLERK    OF    APPEAL. 

STATE  OF  NORTH  DAKOTA, 


Notice   to    clerk    County  of 
of  appeal. 


SS. 


VS. 


School  District    

Clerk  of  the  School  Board  of , 

School  District         You  are  here- 


STATE   OF  NORTH   DAKOTA  245 

by  notified  that  has  filed  in  my  office 

an  affidavit  alleging  that  said   school   board,   on  the 

day  of ,  A.  D.  19 . . ,  made 

a  decision  (or  order)  whereby  (here  describe  the  de- 
cision or  order  so  that  the  clerk  may  identify  it)  and 
claiming  an  appeal  therefrom.  You  are  hereby  re- 
quired within  ten  days  after  receiving  this  notice,  to 
file  a  complete  transcript  of  the  proceedings  of  the 
school  board  relating  to  said  order  together  with  cop- 
ies of  all  papers  filed  with  you  pertaining  to  said  ac- 
tion appealed  from. 

County  Superintendent  of  Schools  for County. 

Dated  at this day  of 

A.  D.  19.  .. 

In  response  to  the  above  notice  the  clerk  of  the 
district  school  board  will  make  a  transcript,  being  an 
exact  copy  of  that  portion  of  the  records  of  the  pro- 
ceedings of  the  meetings  relating  to  the  action  ap- 
pealed from,  with  the  date  of  the  several  meetings, 
and  an  exact  copy  of  each  petition,  remonstrance, 
plat  or  other  paper  relating  to  said  action,  submitted 
to  the  board. 

To  the  transcript  thus  made  the  district  clerk  will    clerk's  cer- 
certify  as  follows  and  forward  the  whole  to  the  coun-    tlficate- 
ty  superintendent: 

STATE  OF  NORTH  DAKOTA,  j 

>•  ss. 

County  of ) 

I,    ,   Clerk   of  the    School 

Board     of   School     District 

,  County  of   ,  State  of 

North  Dakota,  hereby  certify  that  the  foregoing  is 
a  correct  and  complete  transcript  of  the  record  of 
all  proceedings  of  the  School  Board,  and  of  all  papers 

filed  relating  to  the  case vs 

School  District   . 


District  Clerk. 

Jated this day  of 

A.  D.  19.. 


On  receipt  of  the  certified  transcript,  as  above,  the 
county  superintendent  will  notify  the  appellant,  the 
chairman  and  clerk  of  the  district  school  board,  and 
other  persons  known  to  be  interested,  as  follows : 


246 


GENERAL  SCHOOL  LAWS 


NOTICE  OF  HEARING  OF  APPEAL. 

STATE  OF  NORTH  DAKOTA,  ) 

/•  ss. 

Notice   of  hear-    f~^m-,t-,4-,r   ^£ 

ing   of  appeal.      County  Of j 

VS. 

School  District   

To   

You  are  hereby  notified  that  there  is  on  file  in  this 
office  a  transcript  of  the  proceedings  of  the  school 

board  of school  district ,  had 

at  a  meeting  held  on  the day  of A.  D. 

19...,  in  relation  to  (here  describe -the  decision  or 
order  appealed  from)  from  which  appeal  has  been 
taken;  and  the  appeal  will  be  heard  before  me  at 

in  said  county,  on  the   day  of 

,  A.  D.  19. . .,  at  . .  o'clock  ;.  m. 

County  Superintendent  of  Schools  for County. 

Dated  at this day  of 

,  A.  D.  19... 

The  date  of  filing  of  every  paper  should  be  en- 
dorsed thereon ;  also,  in  the  case  of  motions,  all  orders 
and  rulings  of  the  county  superintendent.  All  oral 
motions  and  evidence  should  be  reduced  to  writing. 

In  case  of  appeal  from  the  decision  of  county  super- 
intendent, a  transcript  should  be  made  consisting  of  a 
literal  copy  of  every  paper  filed,  and  all  endorsements 
thereon,  together  with  all  evidence  given;  the  whole 
arranged  in  chronological  order  and  closing  with  the 
decision  of  the  county  superintendent  in  full.  The 
following  certificate  should  be  annexed  thereto,  and 
the  whole  transmitted  to  the  superintendent  of  pub- 
lic instruction: 

COUNTY     SUPERINTENDENT'S     CERTIFICATE  OF    TRAN- 
SCRIPT. 


County  super- 
intendent's cer- 
tificate   of 
transcript. 


STATE  OF  NORTH  DAKOTA, 


ss. 


County  of , 

I,    ,  County  Superintendent 

of   Schools   for    County,   State  of 

North  Dakota,  hereby  certify  that  the  foregoing  is 
a  correct  and  complete  transcript  of  the  record  of  all 
the  proceedings  had,  evidence  given,  and  papers  filed 


STATE  OF   NORTH   DAKOTA  247 

in  my  office,  and  my  ruling  thereon ;  also  my  decision 

in  the   case  of    vs 

School  District   . 


County  Superintendent  of  Schools  for  • County. 

Dated  at    this    day  of 

,  A.  D.  19 


APPENDIX  G 


EDUCATIONAL  DIRECTORY. 

Superintendent  of     Public     Instruction — WALTER  L. 

STOCKWELL.  ... 

Educational 

Deputy — EDWIN  J.  TAYLOR.  directory. 

University  of  North     Dakota,  Grand     Forks ;  Estab- 
lished 1883;  Opened  1884. 
FRANKLIN  McVEY,  President. 
Agricultural      College,      Fargo,      Established-    1890; 

Opened  1890. 

JOHN  H.  WORST,  President. 
Normal     School,     Valley     City;     Established     1890; 

Opened  1893. 

GEORGE  A.  MCFARLAND,  President. 
Normal  School,  Mayville ;  Established  1890 ;  Opened 

1893. 

THOMAS  HILLYER,  President. 

State  Normal  and  Industrial   School,  Ellendale;  Es- 
tablished  1890;  Opened  1899. 

W.  M.  KERN,  President. 
Academy   of  .Science,   Wahpeton;   Established   1890; 

Opened  1903. 

EARL  G.  BURCH,  President. 
School  for  Deaf  and  Dumb,  Devils  Lake ;  Established 

1890;  opened  1890. 

DWIGHT  F.  BANGS,  Principal. 

Reform  School,  Mandan ;  Established  1890;  Opened 

1902. 

J.  W.  BROWN,  Superintendent. 
School  of  Forestry   at   Bottineau ;   Established   1907. 

J.  A.  KEMP,  President. 
School    for   Feeble   Minded   at   Grafton;   Established 

1890. 
DR.  LA  MOURE,  Superintendent. 


248  GENERAL  SCHOOL  LAWS 

School  for  the  Blind  at  Bathg-ate;  Opened  1907. 
B.  P.  CHOPPLE,  Principal. 

High  School  Board — All  members  ex-officio — JOHN 
BURKE,  Governor;  W.  L.  STOCKWELL,  Superin- 
tendent of  Public  Instruction;  FRANKLIN  McVEY, 
President  University  of  North  Dakota. 

Board  of  University  and  School  Lands — All  members 
ex-officio — President,  JOHN  BURKE,  Governor; 
Vice  President,  ALFRED  BLAISDELL,  Secretary  of 
State;  Secretary,  W.  L.  STOCKWELL,  Supt.  Public 
Instruction;  D.  K.  BRIGHTBILL,  State  Auditor; 
ANDREW  MILLER,  Attorney  General. 

Land  Commissioner — ALEXANDER  MACDONALD;  dep- 
uty, W.  P.  THURSTON. 


INDEX 


ACADEMY  OF  SCIENCE—                                                   Section  Page 

Board  of  trustees    1093  161 

appointment  of    1094  161 

compensation 1097  162 

meetings   1094  161 

powers    1095  161 

prescribe  conditions  of  admission   1096  162 

quorum    1099  162 

records  open  to  inspection    1099  162 

Instructors,   from  what  fund  paid    1097  162 

Location    1092  160 

Object 1092  160 

State  treasurer,  custodian  of  funds 1098  162 

Tuition  or  fees,  how  used    1098  162 

ACCOUNTS— 

County  treasurer  to  keep  with  school   districts    852  70 

Form  of,  for  district  treasurer   850  69 

ACTIONS— 

Brought  in  name  of  the  state  899  92 

Child  labor,  employment  of,  who  may  bring  899  92 

Compulsory   laws,    for  violation  of    895  91 

District  treasurer  failing  to  pay  over  money   905  93 

Who    may   institute    817  44 

On   school   treasurer's  bond    817  44 

States    attorney    to    prosecute    896  91 

Adjacent    territory,    how    attached    949  108 

ADJUTANT  GENERAL— 

Loan  of  muskets   to  University 1061  152 

Return  of  muskets  to  state  1062  153 

ADVERTISING— 

(See  contracts:  school  and  public  lands.) 

Proposal   for  building  school  houses    918  99 

AGE— 

Compulsory    attendance    894  89 

Deaf    and    feeble    minded    894  90 

Requisite    for    county    certificate    875  81 

for   first   grade   certificate    875  81 

for    normal    certificate    ,  871  78 


250  INDEX 


AGRICULTURAL  COLLEGE— 

Board  of  trustees —  Section  Pag'e 

annual   report  to  governor    1111  165 

appointment    1102  163 

biennial    report    1127  168 

commission  issued  to   1103  163 

compensation    , 1104  163 

degrees,    may    confer     1112  166 

duties  as  to  funds    1105  164 

instructors    to    employ    1105  164 

location   1100  162 

may  remove 1107  165 

manage   institution    1101  163 

meetings    1104  163 

oath    of    office     1103  163 

organization    1103  163 

quorum     1103  163 

report  to   commissioner   of  agriculture    11]  1  165 

salaries,  shall  fix   1107  '   165 

superintendent    of   construction 1105  164 

treasurer,   bond    1103  163 

bond    required    1111  166 

vacancies    1102*  163 

Course  of  study 1106  164 

Degrees    may   be    conferred    1112  166 

Faculty,  report  annually  to  trustees   1110  165 

rules  may  be  adopted  by   1108  165 

Geological  survey   (see  sections  121-1132)    166-168 

President,    duties    of    1109  165 

Rents,  penalties,  etc.,  from  lands    842  55 

ALIENS— 

See  Appendix  D,  note  24  38 

Teachers  certificate  not  granted  to   875  82 

ANNEXATION— 

County  commissioners  may  annex  districts,  when  ....     788-789  33 
APPEALS— 
Applicants  for  teachers  certificate  may  appeal,  when  and 

how    874  80 

From  decision  of  county  superintendent,  how  taken   770  27 

Superintendent  of  public  instruction  shall   decide    754  21 

Practice,   state   superintendent   shall  prescribe    754  21 

APPORTIONMENT— 

Basis  of   > 848  67 

County  tuition  fund,  county  superintendent  makes  855  72 

State  tuition  fund,  county  superintendent  makes   773  27 

state  superintendent  makes,   when 844  65 

withheld,   when    835,  847  52-66 


INDEX  251 


APPROPRIATIONS—                                                                 Section  Page 

Institute  fund   891  87 

Libraries    750  20 

State    high    schools    1034  140 

Traveling"  expenses,   state   superintendent    763  23 

ARBITRATION— 

See   board    of    arbitration    864  75 

ASSESSORS— 

County    superintendent  to    furnish   with   maps   of   school 

districts    . . ' 769  26 

Furnish   statement   of  valuation    857  73 

ASSESSMENTS— 
(See   Taxes.) 

ATTENDANCE— 

(See   Truant   Offiecer.) 

Compulsory,  age  for 894'  89 

Length    of    time 894  89 

Who  exempt    894  89 

Penalty  for  failure  to  comply  with  law   895  91 

For  failure  of  officer  to  enforce  law 896  91 

BALLOTS— 

Form  of,  election  to  divide  district  and  for  special  dis- 
trict           941  106 

BANKS— 
Designated  as  depositaries,  how  921,  922  100 

BIBLE— 

Not  to  be  excluded  from  schools  as  sectarian  book   . . .       888  86 

BLANKS— 

County   superintendent   to   distribute    767  25 

State    superintendent   to    prepare    750  20 

BLIND— 
Enumeration  of  835  52 

BLIND,  SCHOOL  FOR— 
School    for  blind    1152-1159        174-176 

BOARD  OF  ADJUSTERS- 
HOW    composed  ' 858  73 

Levy   taxes,    when    858  73 

BOARD  OF  ARBITRATION— 

Appointment    of    864  75 

County  superintendent  and  county  treasurer,  members  of  864  75 

Duties 865  75 

Taxes    levied   by    866  75 

Collection  of  867  66 


252  INDEX 


BOARD  OF  EDUCATION—  Section         Page 

Acquire  and  dispose  of  property   960  (4)  112 

Annual  school  tax  960  114 

Assumes  control,   when    969  115 

Census,    must   take    960  (15)  112 

Clerk    957  111 

duties  of    ' 959  111 

compensation,  none   955  110 

Contracts,  not  to  be  interested  in    955  110 

how  let   965  114 

Corporate   name    950  109 

Disposal    of   school    property    957  111 

Election   of 953  110 

Canvass    of    returns    975  117 

Certificate   of   election    976  117 

Organization    of   election   board    974  117 

Precincts    and    officers    974  117 

Establish   free    schools    960(1)  112 

And  maintain  high   schools    960  (3)  112 

Expenses  of  board  and  clerk  960(10)  113 

Grading  and  government  of  pupils 960  (11)  113 

Have  custody  of  all  school  property  960  (7)  112 

Interest   coupons,   payment   of    985  122 

Investment  of  sinking  funds   in  mortgages    983  121 

Maintain  and  discontinue  schools  : . .  960  (2)  112 

Meetings    956  111 

Oath   of  office    978  118 

Officers   and   organization    957  111 

Powers    and    duties    960  111 

President,  duties  of   958  111 

Quorum    954  110 

Records 959  111 

Report,   must   publish    '.  960  (13)  113 

when  and  to  whom  made   960  (13)  113 

Resolution  to  provide  for  tax  levy  for  interest  and  sink- 
ing  fund    982  119 

Rules  and  regulations,  to  make   960(11)  113 

School  houses,  to  buy  or  build  960  (4)  (5)  112 

Schools,  under  whose  superintendence    962  113 

Sinking  fund,    investment   of    983  120 

Superintendent  to  employ    960(9)  112 

Surplus  funds,  disposal  of  991  123 

Suspension    of    pupils    960(11)  113 

Tax  levy  to  pay  interest  and  sinking  fund    982  119 

Teachers,   duties   as   to    , 960  (8)  112 

relative  of  board  not  to  be    960  (8)  112 

Treasurer,  custodian  of  funds   961  113 

who    is    966  114 

duties   of    .  $67  115 


INDEX  253 


BOARD  OF  EDUCATION— Continued.                                  Section  Page 

Vacancies   977  118 

Visit    schools    960(12)       113 

Independent   district,   annual   meeting    999  125 

compensation   1000  126 

contracts,  not  to  be   interested   in    1000  126 

election    of    ....I..... 997  125 

canvass   of   votes    997  125 

expenditures  must  not  exceed  revenues   1013  131 

general   powers    enumerated    1010  130. 

how    elected    996  125 

may    admit    non-resident    pupils    1012  113 

member   at    large    996  125 

member,  penalty  for  refusing  to  act   1018  133 

meetings    1001  126 

officers    999  125 

quorum    996  124 

real  estate,  how  conveyed    1015  131 

secretary    of 1002  126 

shall   notify  members   elect    1018  132 

style   and  powers    999  125 

taxes,   powers  of  board    1003  127 

vacancies    998  125 

visit    schools    1011  131 

Special  districts — 

election    in,    notice   of    971-972  116 

form   of    973  117 

non-resident  pupils,   admission  of   960(14)       113 

under  special  act,  election  of  1020  133 

officers  of  old  district  hold  over   1025  134 

qualifications    1020  133 

relations  of,  may  not  be  teachers    1023  133 

term  of  office   1021  133 

BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 
The  laws  governing  the  board  of  university  and  school 
lands,  providing  for  the  management  and  sale  of  all 
state  and  school  lands  and  for  the  investment  of  all 
permanent  school  and  institution  funds  will  be  found 
in  sections  152  to  230  inclusive,  on  pages  187  to  218, 
inclusive. 

BONDS,   MUNICIPAL— 

Cancellation,    record    of 917  99 

Certificate   of    county   auditor    913  96 

Debt   limit    981  119 

Decisions  of  Supreme  Court,  Appendix  C  226 

Denomination    of    912-2989  95-222 

Description  of  913  96 


254  INDEX 


BONDS,  MUNICIPAL— Continued.  Section  Page 

Division  of  indebtedness    946  107 

Election  for  issue  of,  by  board  of  education   980  119 

Execution  of,  by  board  of  education   2991  223 

How   issued 910  94 

How   secured    986  122 

Indebtedness,    for   what    incurred    : . .  .  2979  221 

limit  of    2979    '  221 

Independent  school  districts — 

authority   to   issue    1006  128 

must  show  what   1006  128 

interest   fund    3000  223 

interest    on     912  95 

issue   limited    , 912  95 

when   taxes   insufficient    979  118 

limit  of  issue    912  95 

may  issue  for  school  houses  already  built 919  99 

negotiated    how     915  98 

refund   of    2988  222 

refunding,    issuance   of    988  122 

law  governing   990  123 

may  be  exchanged    989  123 

register    of    913  96 

what  to  show 987  122 

school    board    may    purchase    914  97 

sinking   fund    3001  224 

and  interest,  tax  levy  for  914  iJ7 

special   district  and   school   district   to  pay 947  108 

surplus  fund,  disposal  of   991  123 

what  must  specify 981  119 

BONDS,   MUNICIPAL,   REFUNDING— 

Issue   limited    2998  146 

Necessity,   determined  by  board    2993  j.44 

Negotiable,    when    2999  146 

Proceeds  used  only  for  purpose  for  which  issued  ......  2995  145 

School  boards  may  issue   2994  145 

School   districts   may  refund  bonds    2992  144 

Sinking  fund,  tax  for   2997  145 

Treasurer  to  keep  register    2996  145 

BONDS,  OFFICIAL— 

Notes  2829,  Appendix  D    239 

Action  of  school   treasurers    905  93 

Bank,  must  give  as  depositary 923  101 

Board    of   education    968  115 

City  treasurer   as   treasurer  of  independent   district    ....  1008  129 

Contractors   must   give    918  99 

For  labor  and  material  for  public  buildings   6252  221 


INDEX  255 


BONDS,  OFFICIAL— Continued.  Section          Page 

Sureties    6254  224 

Where  filed   6255  225 

County  auditor  to  furnish  blanks   409  220 

Decisions  of  Supreme  Court   (Appendix  C)    226 

School  treasurer   (notes  13  and  24,  Appendix  D)    236 

same    811  41 

additional   when  required    812  42 

action   on    817  44 

Treasurer  agricultural   college    1103  163 

same    1114  166 

blind  asylum   1154  174 

Trustees   industrial   school    1176  182 

Surety  company    813  42 

same    (Appendix  D)    408  41 

Where   filed'  817  44 

BOOKS— 

Free  text   1028  136 

List  for  libraries,  state  superintendent  to  furnish   750  20 

BOUNDARIES— 

Conformity  with  congressional   townships    786  31 

County  commissioners  may  re-arrange   786-792  31-34 

How   changed    793  35 

Independent  school  district   995  124 

new    districts    787  32 

no    change    in    785  31 

humane  treatment  of  animals  to  be  taught 884  85 

school  board  may  adopt  additional    826  47 

teachers  examined  in  what   874  80 

BRIGHTWOOD    SCHOOL   TOWNSHIP— 

Special  law   (Appendix  A)    219 

Authority  to  issue  bonds   143 

BUDGE,    WILLIAM— 

Life  member  board  of  trustees  of  university 1041  146 

CALENDAR— 

School   (Appendix  E)    241 

CENSUS— 

Board,  of  education  may  take   960  (15)       113 

Enumeration   (Note  16,  Appendix  D)    237 

how   made   and   when    835  52 

reports,   to   whom   sent    835  53 

CERTIFICATES— 

(See  examinations  and   certificates.) 

CHILD  LABOR— 

Penalty  for   898  92 

Prohibited    when    897  9.1 

Prosecution    for    .                            899  92 


256  INDEX 


CHILD  LABOR--Continued.  Section          Page 

Chapter  153,  Session  Laws  1909. 

Age  when  unlawful  to  employ  children   57 

Must  keep  on  file  employment  certificate    

List  must  be  posted    

Accessible   to    whom    57 

Must  furnish  evidence  as  to  age,  when   57 

Employment  certificate  issued  by  whom    

Employment   certificate   issued   on   what   evidence    58 

Qualifications    of    child    58 

Certificates,    what  to    contain    59 

School  record,  what  to  contain   59 

Hours  of  employment 60 

Inspection  of  places  of  work   60 

Employments    prohibited 60 

Not  to  be  employed  where  intoxicants  are  sold   61 

Penalty 61 

Prosecution,   how   brought 62 

CITY  COUNCIL— 

Ordinances  as  to  property  of  independent  districts    ....  1017                132 

CITY  TREASURER— 

Bond  of   1008               129 

Funds  of  independent  district  to  be  paid  to  1007                128 

CLERK  OF  SCHOOL  DISTRICT— 
(See  district  clerk.) 

COMPULSORY  EDUCATION— 
(See  truant  officer.) 

Defectives    ,  894                 89 

Exceptions    894                 89 

Penalty  for  neglect 895                 91 

Prosecutions    : 896                 91 

What  children  must  attend   school    894                 89 

CONTRACTORS— 

Bond,  must  furnish    918,  6252           99-224 

how  executed   6254               225 

where   filed    6255               225 

CONTRACTS— 

Advertised    for    909                 94 

Decisions  of  Supreme  Court  226 

How   let    965               114 

by  board  of   education    965                111 

Officer  must  not  be  interested  in  902                 93 

Of  irregular  district  ratified   796                 36 

Proposals  for   909                 94 

School  board  must  not  be  interested  in  1000               126 

Teachers,  must  be  in  writing  823                 46 

when  void  .  875                 82 


INDEX  257 


CONVEYANCE—                                                                         Section  Page 

Of  real  estate  1015  131 

CORPORATION— 

School    district   is    : 794  36 

COUNTY  AUDITOR— 

Certificate    on   bonds 913  96 

Duty  as  to  levy  for  state  institutions  as  to  school  bonds  913  96 

as  to  taxes  of  independent  district   1004  127 

Levy   ta-x    to   pay   bonds    91*6  99 

To   furnish   blank   bonds    409  220 

To  furnish  school  district  plats    795  36 

COUNTY  COMMISSIONERS— 

Appropriations  in  aid  of  county  institutes   893  89' 

Duty  as   to   feeble  minded    1168  17S 

as   to  organization  of   school   district    787  32 

Formation  of  new  districts   786  32 

may  rearrange  territory,   when    786  32 

COUNTY  SUPERINTENDENT— 

Acknowledgments,  power  to  take  (Note  4,  Appendix  D)  235 

Action  on  district  treasurer's  bond    817  44 

Advise  and  direct  teachers   766  25 

Apportion    state    funds    773  27 

Assessors,  furnish  with  plats   769  26 

Bond  of   (Note  2,  Appendix  D)    234 

Carry  into  effect  instructions  of  state  superintendent   . .  767  25 

Conference  with  state  superintendent   757  21 

Convene   teachers    767  25 

Decide  questions  of  school  law   770  27 

Decisions  of  supreme  court   (Appendix  C)    226 

Deputies,   may   appoint    777  29 

Duties  as  to  school  elections  798  37 

Election   of    764  25 

Elections,   duties  as  to    798  37 

to  form  special  district,  must  call   939  105 

to  elect  officers  for  special  district,  must  call   944  107 

to  divide  district,  must  notify  whom  of  result  942  106 

Examination   of  teachers   by 873  79 

papers  sent  to  state  superintendent   873  79 

Funds,  apportionment  of   773  27 

state  tuition  fund   848  67 

notice  to   district  treasurer   of   apportionment    848  68" 

payment  not  authorized  unless  treasurer's  bond  filed..  847  67" 

General   duties    765  25- 

Institute   fund,   how   raised    772  27~ 

statement  of   890  87" 

use    of    772  27 

Instruct  officers  in  record  keeping    769  26 

—17— 


258  INDEX 


COUNTY  SUPERINTENDENT— Continued.  Section  Page 

Meet  with  school   officers    769  26 

Notify   clerk   and   county   auditor   of   appointment   to   fill 

vacancies    861  74 

district  treasurers  of  apportionment   848  67 

INot  to  be  absent  from  county  780  30 

to  have  any  other  business   780  30 

lo  teach    779  30 

Oaths,   may   administer,    when    771  27 

Office  rent,  postage,  etc 776  28 

Officers,   instruct   in   record  keeping 769  26 

meet    with     769  26 

Permits  to  teach   874  80 

Plats,    furnish    assessors    with    769  26 

Qualifications 778  30 

Same    (Note  6,  Appendix  D)    235 

Records   of    768  26 

Removal    of,    when    781  30 

Report  to  state  superintendent   775  28 

Salary  and  how  determined   777  28 

same    (Note  5,   Appendix   D) 235 

withheld   until   report   is   filed 775  28 

School   law,   decide  questions  of   770  27 

Seal  of   768  26 

Special  districts,  call  election  to  form   939  105 

State   funds,   apportionment   of    773  27 

Tuition   fund,   apportionment   of    848  67 

withheld,    when    847  66-67 

Teach,    must    not 779-782  30 

Teachers,  advise  and  direct    766  25 

convene    for    instruction 767  25 

certificate,  may  revoke    774  27 

notice  of  revocation,  published   878  83 

when    . . . : i 878  83 

permits  to   teach    874  80 

Teachers'  institutes,   consult  with  state  superintendent.  ..  892  88 

notice  of  885  85 

Term  of   office    764  25 

Vacancy    860  74 

Visit   schools    766  25 

Who  may  vote   for    764  25 

COUNTY  TREASURER— 

Accounts   with   school   districts 852  70 

Notify  clerk  of  payments  made  to  district  treasurer    . .  851  70 

When  to  pay  funds  to  district  treasurer   851  70 

COURSE  OF  STUDY— 

In  common   schools    883  84 

For  normal  schools,    (Chap.  100,  Laws  1909)    23 


INDEX  259 


DEAF  AND  DUMB  ASYLUM—                                            Section  Page 

(See  school  for  deaf  and  dumb)    1133  169 

DEFECTIVES— 

Compulsory    education    of    894  89 

DEPOSITORIES— 

Board    designates    921,  100 

,    Bonds   of  depository    922  100 

Additional,    when    923  102 

Time    deposits    926  103 

Checks,    how    signed    932  104 

Equal   balances    925  102 

Funds  to  be  deposited   920  100 

Highest    bid    accepted    923  101 

How    selected    927  103 

Interest    931  104 

four   per    cent   limit    928  103 

Minimum  amount    935  105 

Monthly   statement    931  103 

More  than  one 925  102 

Penalty    for    violation    936  105 

Proposals    for    deposit     923  101 

Time  deposit,   when    926  102 

Treasurer    exempt    from    liability    934  104 

Where  there  is  one  bank  or  no  bank   933  101 

When   bids   not    required    933  104 

DEPOSITORIES— SPECIAL  DISTRICTS— 

Bond  of    983  120 

How.  established    983  120 

School  board   may  designate    914  97 

Statement,   must   furnish,  when    914  98 

DEPUTIES— 

Appointment  of   (Note  31;  Appendix  D)    240 

County   superintendent,    salary  of    777 

DIRECTORY— EDUCATIONAL— 
Names  of  officers    (Appendix  G) 

DISTRICT  CLERK— 

Appointment   of    „ 807 

Same    (Note  11,  Appendix  D)    236 

Census    S35  52 

Compensation    810 

Duties    810  41 

as  to  bond  issue 913 

False   reports,  penalty   for    907 

Notify  county  auditor  of  tax  levy  854  827  71-47 

persons  elected  on  school  board    804 

also   county    superintendent    804 

Post  notices  of  election    798  37 


260  INDEX 


DISTRICT  CLERK— Continued.                                               Section  Page 

Qualifications    (Note  11,  Appendix  D)    236 

Records  open  to  public    . . .  -. 836  53 

Tax  levy,  notify  county  auditor  854,  827  71,  47 

Vacancy,    how    filled    862  74 

DISTRICT  HIGH   SCHOOLS— 

Adjacent    districts    may    unite 834  52 

Course  of  study   834  52 

How  established   834  51 

Length  of  term   834  51 

EDUCATIONAL  ASSOCIATION- 

State  superintendent  to  publish  proceedings   762 

distribution  of  762  22 

EDUCATIONAL  DIRECTORY— 

Names  of  officers    (Appendix  G) 247 

ELECTIONS— 

Board,   how   constituted    802  39 

By  secret  ballot   129  11 

Canvass    803  39 

Certificate   of  election    - 804  39 

Conduct    of    803  39 

District  officers,  when  elected    797  37 

For .  district   high   school    834  51 

school   sites    834  51 

Notice  of   801  38 

Form  of  798,  801  37-38 

Of   county   superintendents    764 

Officers,  county  superintendent  to  appoint   798 

oath  of   802  39 

Polls  open,  hours   800  38 

Polling  places,   county  superintendent  to  fix    798 

Question   of   conveying  pupils    832  50 

Term  of  office  (Note  9,  Appendix  D)    235 

Tie,   how    determined    803  39 

Vacancy  in  board   802  39 

Who  may  vote    >...  799  38 

ELECTION  FOR  BONDS— 

General   statutes    * 2980  224 

to  issue  910  94 

ballots    911  95 

Called  on  petition    911  95 

Notice   of    911  95 

By  board  of  education   > 980  119 

Board   of  education    953  110 

Canvass  of  returns   975  117 

Certificate    of    election    976  117 

Election    precincts    and    officers    974  117 

Organization  of  election  board 974  117 


INDEX  261 


ELECTION    FOR   BONDS— Continued.                                  Section  Page 

In    independent    districts    992  123 

Ballots,    form    of    994  124 

Conduct  of    997  125 

Compensation  of  election  board    997  125 

Notice  of   993  123 

Special   district,   organization   of    951  109 

ballots,    form   of    941  106 

conduct   of    940  106 

notice  of    940  106 

Special  district,  board  of  education   971  116 

notice  of  972  116 

form  of 973  1,17 

Under  special  act   

board    of    education     1020  133 

how  conducted    1022  133 

EMBEZZLEMENT— 

What  is   904  93 

EMINENT   DOMAIN— 

Exercise  of    830  49 

ENGLISH  LANGUAGE— 

To  be   used   exclusively    837  53 

EQUALIZATION  OF  INDEBTEDNESS— 

By  board  of  education    1026  135 

Of  independent  district  under  special  act   969  115 

EVIDENCE— 

Transcript  from  clerk's  record  is  prima  facie   959  111 

EXAMINATIONS  AND   CERTIFICATES— 

Examination   of  teachers    869  77 

by   county   superintendents    873  79 

Fee   for   certificate    872,   875,  876  79-82 

Certificate,   to    whom    granted    875  81 

to   whom   not   granted    875  81 

where  valid   875  82 

revocation  when 877  82 

how   revoked    872  79 

procedure    878  83 

fact  of  revocation  published,  when 878  83 

university   graduates    entitled   to    1054  151 

Normal   graduates    entitled   to    871  77 

Professional  certificates,  how  obtained    870  77 

State  certificates  lapse,  when   870  78 

State   certificates,   first   class    871  78 

State  certificates,  second  class   871  78 

Certain  diplomas  rated  as  certificates   871  78 

Grades    how    established    874  80 

Permits    to   teach    874  80 

Questions  to  be  prepared  by  state  superintendent 751  20 


262  INDEX 


EXAMINATIONS  AND  CERTIFICATES— Continued.      Section          Page 

Re-examination    874                 81 

Special  in  music,  drawing,  kindergarten,  etc 871                  79 

EXPENDITURES— 

Not  to  exceed  revenues    1013                131 

FARGO,  CITY  OF— 

Independent   district    (Appendix  A)    219 

FEEBLE  MINDED— 

Compulsory    education    894                 89 

Enumeration  of   835                 52 

FINES  AND  PENALTIES— 

Child  labor    898                 92 

Compulsory   education    897,   898  91-92 

Disturbing  schools    908                 94 

Embezzlement   of   funds    904                 93 

Failure  to  display  flag    1029               136 

to  endorse  unpaid  warrants    906                 93 

to  make  reports   377                220 

False  reports   907                 94 

Falsifying   election    returns    901                  92 

Neglect  of  duty  by  a  school  officer  900                 92 

Officer  being  interested  in  contract  902                  92 

Refusing  to  act  as  member  of  board  of  education  1018                132 

Speculation   in  office    9402               225 

Trustee  of  industrial  school  interested  in  contract   1177                182 

Under   city  ordinances    1017                132 

Unlawfully  drawing  school  money   903                 93 

FIRE  ESCAPES  FOR  SCHOOL  HOUSES— 
Chapter  124,  Laws  1909. 

Fire    escapes,    provides    55 

Duty   of   school   officers    55 

Penalty    55 

FLAG— 

(See   United    States   Flag)    1029                136 

FORESTRY,   SCHOOL  OF— 

(See    School   of   Forestry)    1231            •   185 

FREE  KINDERGARTENS— 
Chapter  103,  Session  Laws  1909. 

Kindergartens  may  be  established    62 

Cost,  how  paid    62 

Teachers,    certificates    for    62 

FREE  TEXT  BOOKS— 

Contract  for,  time  limit    1027                135 

Price  lists,  publishers  must  file  1027                135 

Provided,    when    1028                136 

Publishers   must   deposit   samples 1027                135 

School  board  has  authority  to  adopt  and  supply   1027                135 


INDEX  -  263 


GEOLOGICAL  SURVEY—  Section          Page 

Appropriation    for    1070                154 

Duty  of   trustees   of  university    1068                154 

Trustees  of  university  shall  cause  to  be  made   1063                153 

GOVERNOR— 

Ex-officio   member  of  board   of  management   of   normal 

schools    1077                156 

of   high   school   board    1031                139 

HEALTH  AND  DECENCY— 

Duties  of  school  board  as  to   * 1038               142 

HIGH  SCHOOLS— 

Board  of  education  to  establish  and  maintain   960  (3)         112 

HIGH  SCHOOL  BOARD— 

Amount  paid  to  classified  schools    1034                140 

Appropriation   for   aid    1034                141 

Appropriation    limited    1035                141 

Examination  of  students  for  admission    1032                139 

Funds  pro  rated  if  appropriation  is  insufficient   1034                141 

Members    to    serve    without    pay    ." 1035                141 

must  visit  schools  or  designate  some  one  to  visit 1034                140 

names  of    (Appendix   G)    247 

Of   whom    composed    1031                130 

Powers    of    1036               141 

Records   of    1037                142 

Requirements  for  classification   1033                140 

What  schools  entitled  to  be  classified  1032               139 

HITCHING  POSTS— 

Board    must    provide    four    1039               142 

HOLIDAYS- 
NO   school   on    882                84 

What  are   (Note  27,  Appendix  D)    238 

ILLITERACY— 

Legislature  to  prevent   151                  12 

IMPROVEMENTS  TO  SCHOOL  GROUNDS— 
Chapter  201,  Session  Laws  1909. 

Tree  planting 56 

Fences    56 

Amount  expended   annually    56 

INDEBTEDNESS— 

Bonds  to  pay  outstanding    910                  94 

Equalization    of    964                  75 

by  board   of   education    -  969                115 

Indebtedness  declared  legal,  Chap.  49,  Session  Laws  1909  63 

Bonds  may  be  issued   when    64 

Pending  actions  not  interfered  with    64 


264  INDEX 


INDEPENDENT  SCHOOL  DISTRICTS—  Section  Page 

Bonds,  authority  to  issue  1006  128 

Boundaries  of  995  124 

Debts  of  old  districts,  new  to  assume  1019  133 

Election  of  boards  of  education  92  123 

Funds  of,  paid  to  city  treasurer 1007  128 

how  kept  and  how  paid  out  1009  129 

Health  and  decency,  duty  of  board  as  to  1038  142 

How  organized  992  123 

Name  of 995  124 

Special  Laws  (Appendix  A)  219 

Taxes,  limitation  1005  127 

Title  to  property  is  in  district  1014  131 

Treasurer,  report  of,  when  1016  132 

contents  of  1016  132 

Under  special  law,  abolished  1024  134 

equalization   of  debts   and   assets    1026                135 

INDUSTRIAL  SCHOOLS— 

(See  Normal  and  Industrial   School.) 

INSTITUTE    FUND— 

(See   School    funds)    . ...  876                 82 

How  created 772                 27 

Use  of   * 772                 27 

INSTITUTION   FOR  FEEBLE   MINDED— 

(See  sections  1.160  to  1171,  inclusive;  pages   176  to  180, 
inclusive.) 

INTEREST— 

Unpaid    warrants    bear    815                 43 

INTEREST  FUND— 

For  bonds,  general   statute    3000               223 

LAND   GRANTS— 

To    educational    institutions    17,  216               9-17 

Sale  of  lands 160                 14 

LIBRARIES— 

Appropriation  for    750                 20 

District    822                 45 

District  and  traveling,  state  superintendent  to  select  and 

purchase  books  for  750                 20 

Library  commission    (see  state  library  commission)    ....  136 
LIGNITE  COAL— 

State  institutions  to  use  (Note  30,  Appendix  D)    240 

LISBON,  CITY  OF— 

Independent    district    (Appendix    A) 219 

MAINTENANCE— 

Of  state  institutions  . 838,  839,  840  54 


INDEX  265 


MORALS,    PUBLIC—  Section          Page 

Importance  of,  to  be  taught   149  12 

Instruction    888  86 

MORTGAGES— 

Investment  of  schools  funds  in  983  120 

Not  to  exceed  ten  years    983  120 

by  whom  and  on  what  lands  983  120 

foreclosure  984  122 

paid  after  five  years    984  121 

NARCOTICS— 

Duty  of  board  as  to   76  7 

Effect  to  be  taught    75  7 

ditto    883  84 

Examination  of  teachers  with  respect  to  77  7 

NON-RESIDENT   PUPILS— 

Board  of  education  may  admit 860  (14)  1012        113-131 

when   (Note  14,  Appendix  D)    236 

NORMAL   AND   INDUSTRIAL   SCHOOL— 

Board   of  trustees,   appointment   of    1174  180 

bond  1176  181 

compensation    1175  181 

disposition  of  funds,   shall   direct   1178  183 

meetings,  when,  where,  number  1175  181 

not  to  be  interested  in  contracts  1175  181 

oath  of   1176  181 

organization    «    1175  181 

quorum    1175  181 

reports,  when,  by,  to  whom   1180  184 

shall  audit  accounts   1178  183 

term   of  office    1174  181 

vacancies,   how   filled    1174  181 

Building,  erected  where    1177  183 

plans  and  specifications  for   1176  182 

proposals    for    1177  183 

Endowment    1173  180 

Faculty,  powers    1179  184 

reports    1180  184 

trustees   shall  employ   : 1179  184 

Gifts,  donations,  etc 1178  183 

Location    1172  180 

Management 1174  180 

Object  1172  180 

State  treasurer,  custodian  of  funds   1178  183 

Superintendent   of   construction    1177  182 

Military  instruction  to  be  given  (Chap.  167,  Session  Laws 

1909)    184,    185 


266  INDEX 


NORMAL  GRADUATES—                                                       Section  Page 

Certificates,   first   and   second   class 871  78 

Professional    870  77 

NORMAL  SCHOOLS— 

Board   of   management,   compensation 1080  157 

consisting   of   how    many    1077  156 

duties  as  to   funds    : 1083  158 

fix  salaries  of  employes    1084  158 

for  each  normal   school    1076  156 

have    management   of   property    1084  158 

propose  names  of  teachers    1084  159 

report  to  trustees 1084  159 

Board  of  trustees,  biennial  report    1089  160 

commissions 1079  157 

compensation    1080  157 

determine  length  of  school  term   1085  159 

ex-officio  members    1077  156 

fix   salaries   of  instructors    1085  159 

how  constituted    1077  156 

meetings,  when  and  where    1080  157 

limit    1080  157 

organization    1078  156 

secretary    1078  156 

salary    - 1080  157 

term    of    ' 1078  156 

vacancies    1078  156 

Course  of  study  (subs.  2,  3,  4,  page  23)    1082  158 

Diplomas,   who   entitled    to    1090  160 

Endowment    and    maintenance    1075  156 

Faculty,  annual   report   of    1088  160 

powers   and   duties  of 1086  159 

Graduates,   normal    certificates    871  78 

professional    certificates    1091  160 

Grant   county  certificates  of  the   second  grade    (Chapter 

100,  session  laws  1909)    232 

Land   grant    17  9 

Location,    where    1074  156 

Management  of 1070  156 

Non-sectarian    1082  153 

Object   1082  153 

Principal,    duty    of    1087  159 

Qualifications  1078  156 

State  professional   certificate    1091  160 

State  treasurer  to  keep  funds   1081  157 

Superintendent  of   construction    1083  158 

compensation   of    1<083  158 

Tax  levy  for  maintenance — 

15-100  of  a  mill  for  Valley  City 838,  839,  840  54 

13-100  of  a  mill  for  Mayville  840  54 


INDEX  267 


NORTH   DAKOTA  ACADEMY   OF  SCIENCE— 

(See  Academy  of  Science.)  Section          Page 

NORTH  DAKOTA  EDUCATIONAL  ASSOCIATION— 

Teachers  may  attend 63 

Board   may   allow    63 

OATH  OF  OFFICE— 

Board   of   education    978  116 

Filed   with    clerk    978  11? 

Form  of  (Note  32)  . .  978        118-240 

Where   filed    817  44 

OFFICE— 

Term  of   (Note  9,  Appendix  D)    235 

OFFICIAL  BONDS— 

(See  bonds,   official.) 
PENALTIES— 

(See  fines   and  penalties.) 
PERMITS   TO   TEACH— 

Granted,    when    874  80 

To   whom  granted    875  81 

not  granted   875  81 

PHYSICAL   EDUCATION— 

Teachers  to  give 889  87 

POLL  TAX— 

County  auditor  to  levy   855  72 

POOL  ROOMS— 

(See  public  places,   certain.) 
PRESIDENT   OF  SCHOOL  BOARD— 

(See    school   board.) 
PROPERTY- 

May  be  taken  by  gift  or  devise   1014  131 

Not  subject  to  lien   1014  131 

Title  to  is  in  district   1014  131 

PUBLIC  INSTITUTIONS— 

Location   of    215,   216  16-17 

PUBLIC  MORALS— 

To  be  inculcated  by  teachers    888  86 

PUBLIC  PLACES,  CERTAIN— 

Minors,  under  18  years  of  age  and  pupils  of  local  high 
schools    not    allowed    to   visit,   be   employed    or   play 

games  in   (Chapter  130,  Laws  1909)    143 

when  may  be  allowed  to  visit,  play  games  or  be  em- 
ployed in   (Chapter  130,  Laws  1909)    143 

Penalty    (Chapter  130,  Laws  1909)    143 

PUPILS— 

Teachers   may   suspend    825,   886  47-86 

may  grade   887  86 


268  INDEX 


QUARANTINE—  Section  Page 

Effect  on  teachers'  salary  (Note  21,  Appendix  D)    238 

READING    CIRCLE— 

(See  Superintendent  of  Public  Instruction.). 

REAL  ESTATE- 
HOW  conveyed   951  109 

ditto  1015  131 

REFORM   SCHOOL— 

Continuation  and  use  10325  187 

Land  grant  to  17  9 

Location  of   10325  187 

REFUNDING  BONDS— 
(See  bonds,  municipal.) 

REPORTS,   OFFICIAL— 

Superintendent  of  public  instruction    760-761 

SALARY— 

County    superintendent    77 

District   treasurer   818  44 

Superintendent   of   public   instruction    .763  23 

Teachers/  graded    823  46 

SCHOOL  BOARD— 

Action   on   treasurer's   bond    817  44 

Annual  statement,  treasurer  must  publish  814  43 

Blanks,  must  furnish   409  220 

Bonds,  may  purchase   914  1 14 

Cancellation    of   paid   bonds    917  9i) 

Census 935  52 

Clerk  of  807  4,» 

ditto    (Note  11,  Appendix  D)    236 

compensation    810  41 

duties    810  41 

vacancy  .- 862  74 

Compensation    808  40 

ditto   (Note  12,  Appendix  D) 236 

Consolidation  of   schools    832  50 

Contracts,  not  to  have  interest  in  902  92 

Course  of  study  and  additional  branches   826  47 

Depositaries,  may  designate  914  97 

District  high  school,  election  for    834  51 

Employ  and  dismiss  teachers   823  46 

Equalization    of    indebtedness    864  75 

Fix  length  of  school  held  each  year 832  50 

Free  text  books,  power  as  to  1027  135 

Funds,  treasurer  pays  out,  how  814  43 

Furniture  and  apparatus  822  45 

Indebtedness,  equalization  of 864  75 


INDEX  269 


SCHOOL    BOARD— Continued                                                  Section  Page 

Investment   of   funds    983  120 

may  buy  bonds    983  (3)         121 

Government  and  discipline  of  schools   825  47 

Health  and  decency,  duties  as  to   1038  142 

Hitching  posts,  must  provide   1039  143 

How    constituted 806  40 

Length    of    school    year    832-833  50, 51 

Library   822  44 

Meetings,   regular    808  40 

special   808  40 

New  school  for  remote  pupils   831  49 

Not  less  than  six  months  school  832  49 

Oath  of  office  806  40 

Organization   807  40 

Physical  education,  make  provision  for   889  87 

Powers,  general   819,  820,  821  44-45 

President,  duties  of   809  40 

duty  as  to  compulsory  education  896  91 

Proposals  for  building  school  houses  918  99 

x  Pupils,  conveying   832  50 

from  other  districts,  may  admit  824  46 

from   unorganized   districts    824  46 

non-residents,  may  admit    (Note  14,  Appendix  D)    ..  236 

suspension  and  expulsion  of 825  47 

transfer,  may  824  46 

transportation  of,  routes  of  travel   832  50 

Purchase  of  site   831  50 

Quorum   806  40 

Records,  open  to  public   836  53 

Remote  pupils,  new  school   for   831  '  49 

Repairs,  fuel  and  supplies    821  45 

Report   library   statistics    822  4o 

Schools,  establishment  of  new  for  remote  pupils   831  49 

School  house,  may  permit  use  for  other  purposes   828  47 

conditions  on  which  use  is  permitted   828  47 

Speculation   in   office  prohibited    . 9402  225 

Stables,  in  rural  districts,  supplies,  fuel  and  repairs...   1039-821  143-44 

Tax   levy 854  71 

for  sinking  fund  and  interest  on  bonds   914  97 

how  made  and  when  made   827  47 

no  abatement  after  notice  to  county  auditor  827  47 

Teachers,  employ  and  dismiss    > 823  46 

no  relative  employed  without  unanimous  consent   ....  819  44 

Text  books,  free,  powers  as  to  1027  135 

Treasurer,  bond  of  811i  42 

additional  bond    812  42 

action    on    .                                                        905  93 


270  INDEX 


SCHOOL    BOARD— Continued  Section          Page 

fidelity  company    813  42 

premium,  district  must  pay  813  42 

vacancy 811-812  42 

Truant  officer,  may  employ  when  896  91 

Vacancies    861  74 

SCHOOL  CALENDAR— 

Appendix   E   ..  241 

SCHOOL  DISTRICTS— 

Apportionment  forfeited   847  67 

Bonds,  meeting  to  vote  on   (see  elections)    910  94 

Boundaries    786  32 

changed  when  districts  in  two  townships 792  (5)  35 

future    changes    in    793  35 

general   changes   in    792  (6)  35 

rearrangement   of   792  34 

Civil  township  in  a  single  district    792(1)  34 

Conditions  on  which  organized .  786  32 

Congressional  township  a  single  district    792(2)  34 

Consolidated,   when    792  (4)          34 

Contracts   of,   irregular,   ratified    796  36 

County   commissioners,   duties   of    786  31-32 

County  treasurer,  accounts  with    852  70 

Debt  of,  bonded,  to  be  included  in   183  16 

estimate 183  16 

bonded  in  excess  of  5  per  cent  void   183  16 

credit  of  district,   for  what   ; 185  16 

may  be  pledged    185  16 

evidence  of,  to  be  properly  endorsed    '. 187  1 6 

no  bill  to  be  paid  until  statement  is  filed  and  audited  186  16 

not  to  exceed  5  per  cent  of  valuation   183  16 

payment  of  principal  and  interest  to  be  provided  for.  .  184  16 

Decisions  of  supreme  court    (Appendix   C)    .    226-234 

Divided    when    943  107 

Division   to   form   special    district    937  105 

of  property  on  division  of  district   945  107 

of   by   natural    obstacle    788  32 

Election  on  bonds,  petition   for    911  95 

Fractional  township  may  be  consolidated  790  33 

General   changes   in  boundary   lines    792  (6)  35 

Having  no  school  board,  creditors,  how  paid   858  73 

taxes   in    858  73 

Irregularities    legalized    796  36 

May  sue  and  be  sued,  contract  and  hold  property 794  36 

Name   of    791  33 

New,  how  formed   787,  793  32-35 

Notice  of  first  election  798  37 


INDEX  271 


SCHOOL   DISTRICTS— Continued.                                         Section  Page 

Not  entitled  to  tuition  fund  unless  enumeration  taken...  847  66 

unless   50  per  cent  of  children     enumerated     attended 

school   sixty   days    835  52 

unless   school   was   maintained   six   months   in   old    dis- 
trict and  four  months  in  new    847  67 

Numbers    of    •  791  34 

old,   retained    791  34 

Officers   in   new   district 797  37 

election  of   797  37 

term    of    797  37 

Organization   (Note  8,  Appendix  D)    235 

Partly    organized    territory    792(3)  34 

Petition    for    organization    786   f  31 

Plats,   county  auditor  to  furnish    795  36 

Polling  places,  fixed  by  county  superintendent    798  37 

Property  pledged  as  security  for  bonds    986  122 

Schools   must  be   free    894  (4)  90 

School  houses  already  built  may  be  bonded  for   919  99 

Security  for  bonds,  property  is    986  122 

Special  and   independent,  entitled  to  tuition  fund,   when.  894  89 

Territory  in  two  counties,  how  divided   788  32 

To  conform  to  civil  township   785  31 

Town  or  village  divided  by  county  line   789  33 

Treasurer's  bond,  action  on    905  93 

Tuition  fund,  not  entitled  to  unless  enumeration  taken..  847  66 

unless     50     per  cent  of     children  enumerated  attended 

school    sixty   days    835  52 

unless  school  maintained  six  months  in  old  district  and 

four  months  in  new   847  67 

What    constitutes    784  31 

What  territory  may  be  organized  into -786  31 

SCHOOL  FUNDS— 

County  tuition  fund,  'how  apportioned    855(2)  72 

how    levied    855  .  72 

Decisions  .of  supreme  court   (Appendix  E) 241-243 

Deposit   in   depository   releases   treasurer    from   liability. .  914  98 

District  funds  controlled  by  treasurer  .  . . 846  66 

not  entitled  to  unless  enumeration  made   847  66 

unless  children  enumerated  attended  school  sixty  days  835  52 
unless   school   was   maintained   six  months   in   old   dis- 
trict and  four  months  in  new    847  67 

treasurer's   books,   how   kept    846  66 

Embezzlement   of    904  93 

How   paid   out 814  43 

Institute  fund,  fee  for  certificates   876 

Interest    coupons,   payment   of    985 


272  INDEX 


SCHOOL  FUNDS— Continued.                                                   Section  Page 

Investment  of    983  120 

school  board  may  buy  bonds 983  (1),   (3)    155        120-121 

in   mortgages    . .' 983  (4)         121 

Not   to   be   used    for   private   or   denominational    schools 

(Appendix  D,  note  17)    237 

Permanent  and  general   funds    199  206 

apportionment   of    154  12 

care  of   165  15 

created  13,  153,  159      .  8-12-14 

investment    of 162  15 

proceeds  from  land  sales    159  14 

Special  funds,  defined   845  66 

State  tuition  fund  apportionment   843  64 

by    county    superintendent    848  67 

by  state  844  65 

county  treasurer,   duty  of    844  64 

defined 845  66 

excess,  how   used    845  66 

State  tuition  fund,  how  raised  843  64 

how  used 845  66 

interest  on  permanent  fund  kept  separate 844  65 

independent  and  special  districts  entitled  to,  when   . . .  849  68 

new  district   847  67 

state  auditor,   duty  of 844  65 

warrants  on  state  treasurer   844  65 

Surplus,  disposal  of 991  123 

withheld  when  clerk  fails  to  make  enumeration   . .  847  66 

when  50  per  cent  of  children  of  school  age  do  not  at- 
tend  school   60  days    835  52 

when  school  is  not  maintained  six  months  in  old  dis- 
trict and  four  months  in  new  •. 847  66 

Unlawful   drawing,  penalty  for    903  93 

When  county  treasurer  to  pay  district  treasurer  851  70 

SCHOOL  OF  FORESTRY— 

Board  of  directors,  appointment  of 1232  185 

audit  accounts    1235  1-86 

commissions    1233  186 

compensation  1234  186 

meetings    1234         .      186 

special   1234  186 

oath   ...., 1233  186 

organization    '  1233  186 

quorum    1233  186 

reports 1236  187 

vacancies  1232  186 

Course  of  study  1231,  185 

Location .... 1231  185 


INDEX  273 


SCHOOL  OF  FORESTRY— Continued.  Section          Page 

Management    1232  185 

Object   1231  185 

Tax  levy  for  maintenance    838  54 

2-100  of  a  mill  .  840  54 

SCHOOL  HOUSES— 

Board  of  Education  to  buy  or  build 960  (4)  (5)  112 

Board   of   education   must    consult   with   county   superin- 
tendent of  schools  and  county  superintendent  of  health 

on  plans  for  construction,  lighting,  heating  of  etc 829  48 

Board  of  inspection,  who  constitutes    829  48 

duties  of  829  48 

Bonds   for  building    910  94 

of   contractors    6252  224 

how  executed  6252  224 

Contracts   for  building    965  114 

Location  of  (Note  5,  Appendix  D)    235 

May  be  used  for  other  purposes  828  47 

Plats  of  one  or  two  room  buildings  to  be  furnished  by 

state    superintendent    829  49 

Proposal  for  building   918  99 

SCHOOL  LAWS— 

Revision  of  by  commission,   (Chapter  105,  Laws  1909)..  24 

Report  to  legislature  (Chapter  105,  Laws  1909)    24 

Superintendent  of  public  instruction  shall  publish   756  21 

SCHOOL  OF  MINES— 

Land  grant  to    17  9 

Location  of 215  (2)          17 

Tax  levy  for  maintenance    838  54 

SCHOOLS,  PUBLIC— 

Free  public  school  system   783  30 

Always  under  state  control   152  12 

Bible  not  to  be  excluded  from  ? 888  86 

Close  for  teacher's   institutes    885  85 

Course  of   study 883  84 

Must  be  free   894  .89 

Must  be  maintained   '. 4,  69,  147,  148    8-10-11-12 

Must  be   non-sectarian    •  147  11 

Willful  disturbance  of,  penalty  for   908  94 

SCHOOL  SITES— 

Bonds  for  purchase  of 910 

How  obtained  830  49 

selected    829  48 

New   school   for   remote  pupils    831  49 

Purchase  of •  •  •  831  49 

Reversion 830  49 

—18— 


274  INDEX 


SCHOOL  TREASURER—                                                        Section  Page 

Accounts,  how  kept  850  68 

settlement,    when    850  68 

Action  on  bond  817  44 

ditto    905  93 

Additional  bond,  when  required    812  42 

Bond  of 811  41 

premium  on  813  42 

Bonds,  municipal,  shall  negotiate    915  98 

County  treasurer  to  pay  funds  to,  when  851  70 

Deposit  in  depository  releases  from  liability  914  98 

Embezzlement   of   funds    ' 904  93 

Endorsement  on  unpaid  warrants   815  43 

False  reports,  penalty  for    907  94 

Funds,   how  paid  out    814  43 

Liability,  exempt  from  on  deposit  with  depository  914  98 

Notice  to  drawee  of  unpaid  warrants   . . . : 815  43 

bond  of  968  115 

duties  of 967  115 

Records   open  to  public    836  53 

Reports,   form   of    ' 850  69 

on  triplicate    850  69 

raise,   penalty  for   907  94 

Salary  of 818  44 

Surety  bond    813  42 

Unlawful  drawing  of  money   903  93 

penalty  for    , 903  93 

Vacancy   811  42 

Warrants,  unpaid  to  be  endorsed   " /.  815  43 

penalty  for   failure    906  93 

notice  to  drawee,  when  sufficient  funds   815  43 

When  county  treasurer  to  pay  funds  to  851  70 

SCHOOL  MONTH— 

Defined 882  84 

SCHOOL  TERM— 

Increased  on  petition    833  51 

Length,    and  how   fixed 832  50 

Maximum   length   of    833  51 

Special   districts,  length  of 960(11)       113 

SCHOOL  WEEK— 

Defined...., 882  Si 

SCHOOL  YEAR— 

Defined  882  84 

SEALS— 

Board   of  education,   independent  district    999  125 

County   superintendent 768  26 

Superintendent  of  public  instruction   758  21 


INDEX  275 


.SECRETARY  BOARD  OF  EDUCATION—  Section          Page 

Duties  of  1002               126 

SINKING  FUND— 

Investment   of    983               120 

To  pay  bonds    3001               224 

SITES— 

(See    school    sites.) 

SPECIAL   DISTRICTS— 

Creation  of   938               105 

Constituted,  when   ; 943               107 

Division  of  property    945               107 

Duty  of  board  as  to  health  and  decency 1038               142 

Election  to   form    939                106 

of  board  of  education   971                116 

notice   of    972               116 

form  of  973               117 

Formation  under  present  law    948               108 

How  organized    952               109 

Investment   of   funds    983               120 

May  become  part  of  general  district,  when,  how   970               115 

What  are   937               105 

What  may  become 937                105 

SPECIAL  LAWS— 

Independent  districts    (Appendix  A)    219 

SPECULATION— 

In   office  prohibited    , 9402               225 

STABLES— 

In    rural    districts     1039               142 

STATE  AUDITOR— 

Deaf  and  dumb  school,  issued  certificates  1150               173 

Industrial  school,  warrants   for 1175               181 

Institute  fund,  warrants  on   892                 88 

School  funds,  authority  to  draw  warrants  on  160                 191 

Tuition  fund,  state  duties  as  to  844                 65 

STATE  GEOLOGIST— 

Professor  of  geology  at  university  1069               154 

STATE  HIGH  SCHOOLS— 
(See  high  school  board.) 

STATE  INSTITUTIONS— 

Heads  of   (Appendix  G)    ,  247 

STATE  PUBLIC  LIBRARY  COMMISSION— 

Appropriation    (Chapter  156,  Laws  1909)    139 

Assist  in  organizing  libraries   138 

Composed,  how    137 

Duties   137 

Legislative  reference  bureau,  shall  establish   138 


276  INDEX 


STATE    PUBLIC   LIBRARY    COMMISSION— Continued. 

Section          Page 

Librarian,  may  appoint   138 

Office,  where 139 

Officers 137 

Powers 137 

Records,  what  to  consist  of  138 

Reports  to  legislature  oh  what   138 

Rules  for  transacting  business,  shall  make  137 

for  borrowing,  returning  and  caring  for  books  138 

Term  of  office  of  members  of  commission 137 

Vacancy,  how  filled    137 

Who  are  members 137 

STATE    PROFESSIONAL  CERTIFICATES    869                 77 

For  life    1091                160 

Five  years   1091                160 

STATE   REFORM   SCHOOL— 
(See  reform  school.) 

STATE  TREASURER— 

Custodian   of  school   funds    157                190 

Of   securities    157                190 

Of  funds  of  Academy  of  Science  1098               162 

Of  Industrial   school    1178                183 

Of  Reform  school  (Revised  Codes,  1905)    10329 

Collect  money  due  on   securities    158                191 

Keep   funds  of  normal   schools    1081                157 

Report  collections  on  school  land  sales   158                191 

STATE  TUITION  FUNDS— 
(See   school    funds.) 

STAf E  UNIVERSITY— 
(See  university.) 

STATUTES— 

Not   included  in   school   laws    (Appendix   B)    220 

STIMULANTS— 
(See   narcotics.) 

STUDIES— 

Assignment    by    teacher     887                 86 

SUPERINTENDENT- 

Board  of  education  may  employ   960  (9)         112 

Schools,  supervision  of   962                113 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION- 

Appeals  from  county  superintendent,  shall  determine   .  . .  754                  21 

Prescribe    procedure    754                 21. 

board  of  university  and  schools  lands,  member  of   ...  749                  19 

bond   (Note  1,  Appendix  D)    234 

Books,  reports  and  so  forth  to  be  preserved   748                 19 

Biennial    report    .* 760                  22 


INDEX  277 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTON— Continued. 

Section  Page 

Confer   with   county   superintendents    757  21 

Course  of  study  in  public  schools,  prescribed 752  20 

for  normal  schools,  Chapter  100,  Laws  1909  23 

County  superintendents  shall  advise   754  21 

Diplomas  from  university,   endorsement  of   1054  135 

Educational   association,  publish  proceedings  of   762  23 

Election   of   747  19 

Examinations,  teachers  shall  prepare  questions    751  20 

Have  general  supervision  of  public  schools  749  19 

High  school  board,  member  of   1031  139 

Normal  school  board,  member  of  749  19 

ditto   1077  156 

Office  of    82  10 

Powers  and  duties  83  10 

Purchase  books  for  district  and  traveling  libraries   750  20 

Qualifications   for 82,   747  10, 19 

Records,   shall   keep    755  21 

Biennial  report,  what  to  contain    760  22 

Printing   and    distribution    of    761  22 

Revoke  certificates    751  20 

Salary  84,  763  10, 23 

Traveling   expenses    763  23 

Term  of  office   82,  747  10,10 

School  laws,  shall  have  printed    750  20 

Seal  of 758  21 

Supplies,  blanks  and  so  forth,  to  furnish  750  20 

Teachers  examinations,  duties  as  to  869  77 

Institutes,   assist   at    759  '  21 

Appoint   conductors    891  87 

Course  of  study  prescribed    -.  753  20 

Rules  and   regulations  prescribed    753  20 

Reading   circles   prescribe   course    753  20 

Training  schools,  prescribe   course    753  20 

Text  books,  supply  list  of  1037  135 

Vacancy 859  74 

SUPPLIES— 

State  superintendent  to  furnish   750  20 

SUPREME  COURT  DECISIONS— 
Appendix  C 226-234 

SUPREME  COURT  REPORTS— 

Secretary  of  state  shall  furnish  university  1059  152 

SURETY  BONDS— 

May  be  required  (Revised  Codes  1905)    4455 

SUSPENSION  OF  PUPIL— 

By  school  board 825  47 

Teacher-..                                                      886  74 


278 


INDEX 


TAXES—                                                                                    Section  Page 

Annual   school  tax    • 964  111 

Bonds  issued  when  tax  insufficient   979  118 

Delinquent    855(3)  72 

Equalization  of  debts,  maximum  levy  for  866  76 

paid  to  district  treasurer   867  76 

How   and   when   collected    853  70 

In  districts  having  no  school  board  858  73 

Levy  for  sinking  fund  and  interest  on  bonds  914  98 

ditto  982  179 

how  made  and  when  827  47 

ditto  854  71 

Maintenance  of  state  institutions    838  54 

Resolution  by  board  of  education  to  provide  for 982  120 

To  pay  bonds   982  120 

To  pay  divided  bonded   indebtedness    860  76 

To  pay  judgment    854,   856  71-72 

To  pay  previous  debts  and  to  equalize   865  75 

Maximum  levy  for  all  purposes  868  76 

Refund   when    853  71 

School  board  cannot  abate  after  notice  to  auditor 827  47 

Uniform,  must  be   856  73 

What  property  taxable   963  .  114 

Independent  district — 

board  of  education,  powers  as  to   1003  127 

collection  of    1004  127 

limitation    on    1005  127 

School  lands,  when  subject  to 191  202 

Support    of    state    institutions,    how    apportioned    ....     840-841  54-55 

TEACHERS— 

Board  of  education,  duties  as  to   960  112 

Bible   reading  of    888  86 

Certificate  and  permit,  to  whom  granted    875  8J 

aliens,  not  entitled  to   (Note  25,.  Appendix  D) 238 

Professional    '. 869-1091          77, 23S 

Third  grade   (Note  19,  Appendix  D)    237 

Contract  must  be  in  writing    823  46 

Not  affected  by  change  in  district  (Note  20,  Appendix  D)  237 

When  void 875  82 

Decisions  of  supreme  court  (Appendix  C)    226-234 

Examination   for   certificates    869  77 

Excuse  from  attendance  at  institute,  when    769  26 

Institutes,  must  attend  767,  885  25, 85 

Penalty  for  failure    885  85 

May    suspend    pupil 886  86 

Moral  instruction  by 888  86 

No  compensation  when-  880  83 


INDEX  279 


TEACHERS— Continued.                                                              Section  Page 
Normal  students  in  university  to  file  declaration  of  inten- 
tion to  teach 1057  152 

Notice  of  beginning  and  closing  terms  of  school   879  83 

Permits  to  teach   (Note  18,  Appendix  D) 237 

Physical  exercise,  instruction  in   889  87 

Qualifications   of    875  81 

Re-examination    when    874  80 

Register,   what  to   contain    881  83 

Report   to   county   superintendent    881  84 

Report   and   salary    (Note  22,   Appendix   D)    238 

Salary  in  case  of  quarantine   (Note  21,  Appendix  D)    .  .  238 

graded   823  46 

To  grade  pupils   887  86 

Wages  held  back,  when   881  84 

Who  may  be    823  46 

TEACHERS  INSTITUTES— 

(See  superintendent  of  public  instruction.) 

Appropriation   for   890  87 

by  county  commissioners    893  89 

Conductors,  appointment  of    890  87 

Funds   890  87 

how    paid    out    892  88 

Notice  of   885  85 

Rules   and   regulations,  state  superintendent  to  prescribe  753  20 

TEACHERS  READING  CIRCLE— 

(See  superintendent  of  public  instruction.) 

Fees  from  normal  and  professional  certificates  872  79 

TERM— 

Of  office  (Note  9,  Appendix  D)  235 

county  superintendent  764  25 

state  superintendent  747  19 

Of  school   (see  school  term). 

TERRITORY— 

Adjacent,   how   attached    ' 949  108 

Divided,  when  943  107 

by  natural  obstacle    788  32 

to   form  special   district    938  105 

In  two  counties   788 

New  districts  may  include  what   787  32 

What  may  be  organized    786  31 

TEXT  BOOKS,  FREE— 
(See   free  text  books.) 

TITLE- 
HOW  acquired  830  49 


280  INDEX 


TOWNSHIP—  Section         Page 

Civil  may  be  organized  into  school  district 792  (1)          34 

Congressional   may  be   organized    .' .  792  (2)          34 

Fractional  may  be  consolidated  790  33 

TRAINING  SCHOOLS,  TEACHERS— 
(See  superintendent  of  public  instruction.) 

TRAVELING  EXPENSES— 

Of  state  superintendent    763  23 

TREASURER— 
(See  school  treasurer.) 

(See  state  treasurer.) 
TRUANT  OFFICER— 

School   board   may  employ    896  91 

TRUSTEES— 

(See  under  various  institutions.) 
TUITION  FUND— 

(See  school  funds.) 
UNITED   STATES   BONDS— 

Investment  of  school   funds   in    983(1)         120 

UNITED  STATES  FLAG— 

To  be  displayed  when  1029  136 

Penalty   for   failure    1029  136 

UNIVERSITY— 

,University  part  of  free  public  school  system   783  30 

Board  of  trustees  adopt  rules  of  government 1046,  1057        147, 151 

Budge,   William,   life   member  of    1041  146 

campus,  may  lease   155 

cause  weather  reports  to  be  kept 1065  153 

compensation , 1056  151 

distribution   of   reports    1048  148 

elect  president  and   faculty    1046  148 

fix  salaries    1058  152 

from   same   county,   limit    1042  147 

geological  and  natural  history  survey   1063  153 

gelogical  map ' 1067  154 

government   of   university    1041  146 

how  appointed    1042  147 

maintain  museums  1066  153 

may   expend    income    1047  147 

may  remove  president  or  any  professor  1046  147 

may  unite  any  college  with  university  1047  147 

meetings    1044  147- 

number  of,  limited    1045  147 

officers  and  records 1043  147 

powers  and  duties    1043  147 

prescribe  requirements   for  admission    1057  151 


INDEX  281 


UNIVERSITY— Continued.                                                         Section  Page 

Board  of  trustees,  rules  for  management  of  property  . .  1048  148 

Quorum   1044  147 

reports   as  to  purveys    1068  154 

to  governor    1048  148 

secretary,  duties    1043  147 

superintendent  of  buildings  and  grounds   1043  147 

vacancies    1042  147 

Course  of  instruction   1051  150 

Departments    1050  149 

Diploma,   endorsement  of  by   state   superintendent    1054  151 

Geological   survey,   extent   of    1064  153 

appropriation  for   1070  154 

Graduates  entitled  to  certificate  to  teach   1054  151 

Instruction  to  be  non-partisan  and   non-sectarian    1046  148 

Land  grant  to    17  9 

Location    215,  1040  17,146 

Muskets,   loan  of,   authorized    1061,  1062        152, 153 

Normal   graduates,   professional   certificate    870  77 

students  file  declaration  of  intention  to  teach   1057  152 

Object   1050  149 

Official  publications  to  be  furnished 1059-1060        152-153 

President,  member  of  high  school  board   1031  139 

and  faculty,  powers   .' . .  1049  148 

elected  by  trustees    1046  148 

salaries  to  be  fixed  by  trustees   1058  152 

Pupils,  who  may  become   1053  151 

Rents,  penalties,  etc.,  from  lands    842  55 

Requirements  for  admission,  trustees  to  fix  . .  1057  152 

Scandinavian    language    1052  150 

State  geologist,  professor  of  geology  is 1069  154 

Tax   levy   for   maintenance    838  54 

30-100  of  a  mill    840  54 

Tuition    fees    1055  151 

VACANCIES—  ' 

(Notes  3  and  9,  Appendix  D) 234,  235 

Board  of  education,  how  filled 977  118 

independent  district    998  125 

County   superintendent    860  74 

Director  of  school  of  forestry   1232  185 

Election   board    802  39 

Failure  to  give  bond   968  115 

treasurer   of  independent   district 1008  129 

School  clerk 862  74 

treasurer    811  41 

Superintendent  of  public  instruction    859  74 

—19— 


282  INDEX 


UNIVERSITY— Continued.                                                        Section  Page 

Trustee  of  agricultural  college   1102  163 

blind   school    '. 1153  174 

deaf  and  dumb  school    1134  169 

industrial  school    1174  180 

normal    school 1078  156 

When    863  75 

VOTE— 

Who  may • 799  38 

VOTERS— 

Privileged  from  arrest,  when     123  11 

Residence  not  lost,  when   125  11 

Soldiers  and  sailors,  not  residents  126  11 

Who  are   121  11 

are  not    127  11 

qualified   (Note  10,  Appendix  D)    236 

women  are,  when    128  11 

WARRANTS— 

Decisions  of  supreme  court   (Appendix  C)    226-234 

Money  paid  only  on  proper   967  115 

no  money  paid  except  on  proper  814  43 

Notice  to  drawee  of  sufficient  funds   815  43 

Only  for  prior  indebtedness    816  43 

Penalty,   failure  to  endorse   unpaid    906  93 

Unpaid  bear  interest   815  43 

to  be   endorsed    815  43 

What  to   specify   816  43 

WATER  CLOSETS— 

School  board  must  provide 1038  142 

WALCOTT— 

Independent  district  of    (Appendix  A)    219 

WEATHER  REPORTS— 

To  be  kept  at  university   .• , 1065  153 

WEEK,  SCHOOL— 

Defined    882  84 

WOMEN— 

Are   voters,   when    128  11 

YEAR,  SCHOOI^- 

Defined  882  84 


247906 


